2025:KER:27740 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 1ST DAY OF APRIL 2025/11TH CHAITHRA, 1947 WP(C) NO.40088 OF 2024 PETITIONER MUHAMMED SHIBIN K, AGED 28 YEARS, KALAPPADAN HOUSE, KOLMANNA, HAJIYAPALLI P.O., MALAPPURAM DISTRICT, PIN - 676519 BY ADVS. PHILIP J.VETTICKATTU NEENU BERNATH SAJU S. DOMINIC RESPONDENTS 1 THE SECRETARY, MALAPPURAM MUNICIPALITY MUNICIPAL OFFICE MALAPPURAM, PIN - 676505 2 THE MALAPPURAM MUNICIPALITY, MUNICIPAL OFFICE MALAPPURAM, REPRESENTED BY ITS SECRETARY, PIN - 676505 3 DISTRICT TOWN PLANNER, DISTRICT TOWN PLANNING OFFICE CIVIL STATION, MALAPPURAM, PIN - 676505 4 ASSISTANT ENGINEER, MALAPPURAM MUNICIPALITY MUNICIPAL OFFICE, MALAPPURAM, PIN - 676505 2025:KER:27740 WP(C) No.40088 of 2024 2 BY ADV K.I.ABDUL RASHEED, SC, MALAPPURAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27740 WP(C) No.40088 of 2024 3 JUDGMENT The petitioner is a grantee of a letter of intent from the Hindustan Petroleum Corporation Limited for establishing an MS/HSD Retail Outlet dealership in the land comprised in Sy. Nos. 144/13 and 144/14-2 of Panakkad Village, Malappuram District, as per Ext.P1. Pursuant to Ext.P1, the petitioner applied for a building permit before the District Town Planner, who issued Ext.P2 communication dated 06.03.2024. Ext P2 in its entirety is produced along with IA No.1 of 2024, revealing several defects. 2. The substantial defects noticed in Ext.P2 appear to be that the permit was sought for a property which is demarcated as a residential zone apart from the existence of a road widening proposal. As regards the first objection of the property being included as residential zone, going by Ext.P2 as well as the statement filed on behalf of the 3rd respondent, it is to be noted that there is no restriction as such for putting up a petrol pump except that the concurrence of the Chief Town Planner is required. As 2025:KER:27740 WP(C) No.40088 of 2024 4 far as the second defect namely the existence of road widening by the proposal, the petitioner had issued a notice under Section 67 (1) of the Kerala Town and Country Planning Act of 2016 as seen from Ext.P5, to which the Municipality replied under Ext.P6 stating that there is no intention to acquire the property for the proposal. 3. Learned Counsel for the petitioner submits that the said issue is covered in favour of the petitioner by the judgment of this Court in Maymunath v. State of Kerala [2022 (5) KLT 338], Pradeep Kumar v. Maradu Municipality [2022 (2) KLT 523] and Town Planner v. Joseph Jacob [2023 (2) KLT 35] which held that once a purchase notice is issued and the authority has failed to act within the time granted, namely 60 days, the right is crystallized on the land owner to use the land for any purpose, subject of course, to the provisions of law. In the instant case, the Municipality has responded, stating that they have no intention to acquire the land, in which case the right of the petitioner to use his land subject to the provisions of law cannot be curtailed. The defect noticed on 2025:KER:27740 WP(C) No.40088 of 2024 5 the ground that there is a road widening proposal cannot be accepted for the reasons stated above. 4. Given the above, Exts.P4 and P9 issued by the Municipality are to be quashed. The writ petition is disposed of directing the petitioner to cure the defects mentioned in Ext.P7, and if the application is otherwise in order, the same will be forwarded to the 3rd respondent within two weeks, who in turn will forward the same to the Chief Town Planner for appropriate decision. The impugned order is quashed, and the writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE Cak 2025:KER:27740 WP(C) No.40088 of 2024 6 APPENDIX OF WP(C) 40088/2024 PETITIONER’S EXHIBITS EXHIBIT P1. TRUE COPY OF THE LETTER OF INTENT BEARING NO. KRRO/CS/LOI DATED 20/11/2023 ISSUED BY THE HINDUSTAN PETROLEUM CORPORATION LIMITED EXHIBIT P2. TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE DISTRICT TOWN PLANNER DATED 06/03/2024 EXHIBIT P3 TRUE COPY OF THE RECEIPT WHICH IS AUTO GENERATED FROM THE K-SMART PORTAL DATED 06/05/2024 EXHIBIT P4. TRUE COPY OF THE AUTO GENERATED REJECTION ORDER RECEIVED FROM THE K- SMART FACILITY EXHIBIT P5. TRUE COPY OF THE PURCHASE NOTICE DATED 04/09/2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT EXHIBIT P6. TRUE COPY OF THE RESOLUTION PASSED BY THE MUNICIPALITY DATED 30/09/2024 EXHIBIT P7. TRUE COPY OF THE PROCEEDINGS OF THE ADDITIONAL DISTRICT MAGISTRATE MALAPPURAM GRANTING THE NOC DATED 06/08/2024 EXHIBIT P8. TRUE COPY OF THE NOC ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE DATED 08/08/2024 EXHIBIT P9. TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 4™ RESPONDENT DATED 04/11/2024 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE DISTRICT TOWN PLANNER DATED 06/03/2024