W. A. Nos. 1369 & 1887 of 2023 -1- 2025:KER:28707 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WA NO. 1369 OF 2023 AGAINST THE JUDGMENT IN WP(C) NO.10963 OF 2020 OF HIGH COURT OF KERALA APPELLANT/S: 1 KOZHIKKODE CORPORATION CORPORATION OFFICE, KOZHIKODE- 673 011 REPRESENTED BY ITS SECRETARY, PIN - 673011 2 THE SECRETARY KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE 673 011, PIN - 673011 BY ADV BINDUMOL JOSEPH RESPONDENT/S: 1 MUHAMMED HARRIS T AGED 48 YEARS, S/O. LATE MOIDEEN KOYA ALANKAR MANZIL PANNIYANKARA KALLAI P.O KOZHIKODE 673 003, PIN - 673003 2 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIATE THIRUVANANTHAPURAM 695 001, PIN - 695001 3 THE SENIOR TOWN PLANNER TOWN PANNING DEPARTMENT TOWN PLANNING OFFICE KOZHIKODE 673 661, PIN - 673661 4 THE REVENUE DIVISIONAL OFFICER, W. A. Nos. 1369 & 1887 of 2023 -2- 2025:KER:28707 REVENUE DIVISIONAL OFFICE KOZHIKODE 673 020, PIN – 673020f BY ADVS. S. SHANAVAS KHAN K. R. DEEPA, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.04.2025, ALONG WITH WA.1887/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. A. Nos. 1369 & 1887 of 2023 -3- 2025:KER:28707 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WA NO. 1887 OF 2023 AGAINST THE JUDGMENT IN WP(C) NO.10963 OF 2020 OF HIGH COURT OF KERALA APPELLANT/S: 1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM, PIN - 695001 2 THE SENIOR TOWN PLANNER, TOWN PLANNING DEPARTMENT, TOWN PLANNING OFFICE, KOZHIKODE, PIN - 673661 3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOZHIKODE-, PIN - 673020 BY ADV. K. R. DEEPA, SPL GP RESPONDENT/S: 1 MUHAMMED HARRIS T. AGED 48 YEARS S/O.LATE MOIDEEN KOYA, ALANKAR MANZIL, PANNIYANKARA, KALLAI P.O., KOZHIKODE-673 003., PIN - 673003 2 THE KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE-673 011, REPRESENTED BY ITS SECRETARY., PIN - 673011 W. A. Nos. 1369 & 1887 of 2023 -4- 2025:KER:28707 3 THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE-673 011., PIN – 673011 BY ADVS S. SHANAVAS KHAN BINDUMOL JOSEPH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.04.2025, ALONG WITH WA.1369/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. A. Nos. 1369 & 1887 of 2023 -5- 2025:KER:28707 J U D G M E N T Dated this the 2nd day of April, 2025 Nitin Jamdar, C. J. Heard Ms. Bindumol Joseph, learned counsel for the Appellants in W. A. No. 1369 of 2023, Mr. S. Shanavas Khan, learned counsel for Respondent No. 1 and Ms. K. R. Deepa, learned Special Government Pleader. 2. It is not necessary to detail the facts of the case in view of the subsequent developments during the pendency of these appeals. 3. Briefly stated, the Original Petitioner / Respondent No. 1 is in possession of a property within the jurisdiction of the Appellant Municipal Corporation. The Petitioner proposed to construct a commercial-cum-special residential building so as to start a lodging house. He submitted a plan for the construction of a cellar plus eight floors. In the said plan, the first and second floors were earmarked for commercial use and the remaining for special residential use. This application for the grant of a building permit was rejected by the Appellant Municipal Corporation by Ext. P6 specification report and Ext. P7 order dated 21 January 2020. Challenging this rejection, the Petitioner filed W. P. (C) No. 10963 of 2020. The learned Single Judge by order dated 18 October 2022 found that the rejection of the building permit by the Appellant Corporation was illegal and disposed of the writ petition by issuing the following directions:- W. A. Nos. 1369 & 1887 of 2023 -6- 2025:KER:28707 “12. In the above circumstances, Exts. P6 and P7 are set aside. Respondents 3 and 4 are directed to reconsider Ext. P5 application and pass fresh orders. The petitioner may submit modified plan, making changes regarding the reservation of area for commercial purposes, if so advised, within one month from the date of receipt of a copy of this judgment. Thereafter, the application shall be considered, and orders passed after hearing the petitioner, within one month thereof.” Being aggrieved, both the Municipal Corporation and the State Government are in appeal. The Appellants argue that such a direction would be contrary to the existing development plan and scheme, and the application filed by the Petitioner was not complete in all respects. 4. Learned counsel for the Respondent-Original Petitioner pointed out that even otherwise, the Municipal Corporation and the planning wing of the Local Self Government Department of the State have initiated a process for modifying the town planning scheme in which the area in question has now been earmarked for mixed-use, that is commercial and residential and therefore, even as per the proposed modification in the town planning scheme, there is no impediment to considering the application of the Petitioner. Learned counsel for the Municipal Corporation and the leaned Special Government Pleader state that it is correct that the town planning scheme is under the process of modification/revision and the user indicated is mixed-use, that is commercial and residential and the draft plan, however, the modification has not yet been finalized and the application of the Petitioner would be considered once the modification is finalized. As W. A. Nos. 1369 & 1887 of 2023 -7- 2025:KER:28707 regards the incomplete application, the learned Single Judge in the impugned order has permitted the Petitioner to remove the lacuna. 5. In the circumstances, the appropriate course of action would be to retain the direction to reconsider Ext. P5 application with liberty to the Petitioner to submit necessary documents as already provided with a direction to the Appellants to consider the application when the draft modification in the scheme is finalized. Since we have passed this order on the basis of the developments that have occurred after the filing of these appeals as above, we deem to have not commented on the correctness of the view taken by the learned Single Judge in the impugned order and the question of law is kept open. The application of the Petitioner be processed within a period of eight weeks after the draft modification is finalized, subject to the Petitioner complying with the direction given by the learned Single Judge as above. 6. The appeals are accordingly disposed of. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S. MANU JUDGE Eb W. A. Nos. 1369 & 1887 of 2023 -8- 2025:KER:28707 APPENDIX OF WA 1887/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE GO (MS) NO. 305/2015/LSGD THIRUVANANTHAPURAM DATED 29.09.2015. Annexure A2 TRUE COPY OF THE CIRCULAR NO. 304282/RD2/2015/LSGD THIRUVANANTHAPURAM DATED 18.02.2016