2025:KER:26756 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12428 OF 2025 PETITIONER: JOM C. MICHAEL, AGED 54 YEARS S/O. LATE C.K. MICHAEL,CHAMAKKALAYIL HOUSE, MUTTOM P.O., THODUPUZHA, PIN - 685587 BY ADVS. ANEESH JAMES JIJO THOMAS M.D.BEENA AJAY SANKAR A.S. RESPONDENTS: 1 THODUPUZHA MUNICIPALITY, MUNICIPAL CITY OFFICE, THODUPUZHA-MUVATTUPUZHA ROAD, THODUPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 685584 2 THE SECRETARY, THODUPUZHA MUNICIPALITY, MUNICIPAL CITY OFFICE, THODUPUZHA-MUVATTUPUZHA ROAD, THODUPUZHA, PIN - 685584 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR 2025:KER:26756 2 WP(C) NO. 12428 OF 2025 ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26756 3 WP(C) NO. 12428 OF 2025 JUDGMENT The petitioner is the owner of a property having an extent of 20.90 Ares comprised in Re.Sy.Nos.273/10-2, 273/1-2-1-4-1, 273/1-3-1-11, 273/1-3-6, 273/1-3-7, 273/5-2-1, 274/7-5-4 and 274/7-5-6 of Thodupuzha Village. The petitioner is aggrieved by Ext.P5 notice issued by the 2nd respondent, by which the petitioner was required to showcause as to why the building permit granted to him as per Ext.P3 shall not be cancelled. The reason highlighted in Ext.P5 is that, the respondents are proposing to construct a new road as part of the Master Plan. The petitioner had already submitted Ext.P6 objection to Ext.P5 and the limited relief sought by the petitioner is to direct the 2nd respondent to consider the same and pass orders. 2. After hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I am inclined to dispose of this writ petition. 3. Accordingly, it is ordered that, the 2nd respondent shall take up Ext.P6 objections and take a final 2025:KER:26756 4 WP(C) NO. 12428 OF 2025 decision on Ext.P5 after giving the petitioner an opportunity for being heard. It shall be open for the respondents to consult with the District Town Planner and also to obtain necessary reports from the Village Officer . A decision shall be taken within 2 months from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE STB 2025:KER:26756 5 WP(C) NO. 12428 OF 2025 APPENDIX OF WP(C) 12428/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BASIC TAX PAID RECEIPT DATED 06.04.2024 IN RESPECT OF THE PROPERTY OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE BUILDING PERMIT DATED 24.02.2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 A TRUE COPY OF THE REVISED BUILDING PERMIT DATED 19.04.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS DATED 05.09.2024 OF THE GEOLOGIST, IDUKKI DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT EXHIBIT P5 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. 919553-2024 DATED 28.09.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER WITH TYPED COPY EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 07.10.2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO. 2547537-2024 DATED 29.11.2024 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, THODUPUHA MUNICIPALITY TO THE DISTRICT GEOLOGIST EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION NO. DOIDU-DMG/375/2024-M DATED 28.12.2024 ISSUED BY THE GEOLOGIST, IDUKKI DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT TO THE PETITIONER 2025:KER:26756 6 WP(C) NO. 12428 OF 2025 EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 06.01.2025 IN I.A. NO. 1/2025 IN APPEAL NO. 3/2025 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM