WP(C) NO. 39588 OF 2017 1 2025:KER:26214 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 39588 OF 2017 PETITIONER ASYA C.K., AGED 75 YEARS, D/O. MUHAMMED, ARAKKAL CHERIYA KUNNATH, KOYILANDY - 673305, KOZHIKODE DISTRICT. BY ADVS. MOHAN JACOB GEORGE P.V.PARVATHY (P-41) REENA THOMAS RESPONDENTS: 1 KOYILANDY MUNICIPALITY, KOYILANDY - 673 305, KOZHIKODE DISTRICT REPRESENTED BY ITS SECRETARY. 2 SECRETARY, KOYILANDY MUNUICIPALITY, KOYILANDY - 673 305, KOZHIKIDE DISTRICT BY ADV M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39588 OF 2017 2 2025:KER:26214 MOHAMMED NIAS C.P., J. ========================= W.P.(C) No.39588 of 2017 ========================= Dated this the 27th day of March, 2025 J U D G M E N T The petitioner is stated to be the owner of 4.44 Ares of land coming within the limits of the 1st respondent. An application for a building permit submitted by the petitioner was rejected and was challenged before the Tribunal for Local Self-Government Institutions, Thiruvananthapuram, in Appeal No. 228 of 2015, which set aside the rejection order and directed the respondent Municipality to pass fresh orders within 30 days from the date of receipt of the order. The said order was unsuccessfully challenged by the Municipality by filing W.P. (C) No.37467 of 2016. The present writ petition is filed for a direction to the 2nd respondent to pass orders approving Ext.P3 plan and issuing a building permit to the petitioner. 2. A statement has been filed on behalf of the Municipality on WP(C) NO. 39588 OF 2017 3 2025:KER:26214 04.08.2021 stating that the writ petitioner was issued with a communication dated 21.12.2017, to provide a site plan showing the access to the property, as the current access shown is through the bus stand, in which case a no objection certificate has to be obtained. It is submitted by the learned Counsel for the Municipality that the petitioner has not responded to Annexure R1(a) to date. 3. In view of the above, the writ petition is disposed of, directing the petitioner to respond to Annexure R1(a) within three weeks from today. On receipt of the same, the Municipality will take further steps and pass appropriate orders in accordance with law, with notice to the petitioner, in the application preferred by the petitioner for a building permit. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 39588 OF 2017 4 2025:KER:26214 APPENDIX OF WP(C) 39588/2017 PETITIONER EXHIBITS : EXHIBIT P1 COPY OF THE ORDER DATED 11.03.2016 OF THE TRIBUNAL ALLOWING APPEAL NO. 228/2015. EXHIBIT P2 COPY OF THE JUDGMENT DATED 18.09.2017 IN W.P. (C)NO. 37467/2016. EXHIBIT P3 COPY OF THE PLAN SUBMITTED BY THE PETITIONER. EXHIBIT P3(A) COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4 COPY OF THE COMMUNICATION DATED 11.01.2018 OF THE 1ST RESPONDENT EXHIBIT P5 COPY OF THE PLAN SUBMITTED BY THE PETITIONER EXHIBIT P6 (6 NOS) PHOTOGRAPHS EXHIBIT P7 COPY OF THE CIRCULAR DATED 21.04.2009 EXHIBIT P8 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 17.01.2018 EXHIBIT P8(A) LEGIBLE COPY OF EXT.P8 RESPONDENT EXHIBITS : ANNEXURE R1(A) A TRUE COPY OF THE LETTER DATED 21.12.2017 ISSUED BY THE MUNICIPALITY TO THE PETITIONER. ANNEXURE R1(B) A TRUE COPY OF THE GAZETTE DATED 14.01.2020. ANNEXURE R1(C) A TRUE COPY OF THE RELEVANT EXTRACTS FROM THE KOYILANDY MUNICIPALITY MASTER PLAN. // True Copy // PA To Judge