High Court of KeralaDivision BenchAppeals disposed of: the orders of the Single J...

Thrissur Municipal Corporation v. Vaitheeswaran Iyer

Case / Petition Number:WA 37/2024 & WA 59/2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.J. Desai
  • V.G. Arun
Judgment Date
2024-02-01
Court Decision / Holding
Appeals dismissed; the Division Bench upheld the Single Judge’s order directing decision under Section 67 and processing the building permit in line with the Master Plan. The Court noted that the Corporation’s decision, though not within the original 60-day window, complied with the Court’s directions under Section 67, and allowed for building permit issuance subject to Master Plan widening. It remains open for the appellants to pursue further legal action only as necessary for road widening under the Master Plan.
Final Disposition
Appeals disposed of: the orders of the Single Judge directing decision under Section 67 and processing a building permit as per Court directions are upheld; building permit to be issued in accordance with the Master Plan and subject to potential road widening considerations. There is no recall of the earlier judgment; the matter stands resolved in favor of the petitioner with room for necessary widening as per the Master Plan.

Parties to the Case

Appellants / Petitioners

  • Thrissur Municipal Corporation
  • The Secretary, Thrissur Municipal Corporation
  • Thrissur Corporation
  • The Secretary, Thrissur Corporation

Respondents

  • Vaitheeswaran Iyer
  • The District Town Planner, Office of the District Town Planner, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

  • • Santhosh P. Poduval

Counsels for Respondents

  • • Santhosh P. Poduval

Case Synopsis & Summary

The writ appeals challenge orders under the Kerala Town and Country Planning Act, 2016 involving land designated for road widening under the Master Plan. The landowner served a purchase notice under Section 67(1) on 31.03.2022 seeking purchase or a building permit, as no action was taken on his building permit application. Section 67(2) requires the Municipal Corporation to decide on such notices within sixty days. The Corporation did not decide within that window, prompting WP( C) 8153/2022 and later WP(C) 16533/2023 seeking mandamus for decision and building permit issuance accordingly, as directed by this Court in prior proceedings. The learned Single Judge directed the Corporation to decide the notice as per Section 67 and later to process the building permit in line with that directive, ultimately relying on a Division Bench’s decision in Pradeep Kumar v. Maradu Municipality to justify the approach. The appellants challenged the orders, arguing delay in decision and non-compliance with the statutory timeline and Master Plan conditions. The Court, however, held that the direction under Section 67 was strictly complied with and affirmed the Single Judge’s disposition, noting that granting a building permit would still leave room for widening as per the Master Plan. The appeals are disposed accordingly, with the building permit to be issued in conformity with the Court’s directions.

Provisions of Law Cited

Section 67(1) of the Kerala Town and Country Planning Act, 2016Section 67(2) of the Kerala Town and Country Planning Act, 2016

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants argued that Section 67(2) requires a decision on a purchase notice within sixty days of receipt. The first notice dated 31.03.2022 was not decided within that window, triggering WP( C) 8153/2022 and later WP( C) 16533/2023 seeking a mandamus to grant the building permit as per the Court’s earlier direction. They contended that delay beyond the 60-day deadline cannot automatically entitle the applicant to a building permit, and any decision cannot ignore Master Plan provisions. They further submitted that the minutes produced in the review petition should not undermine the statutory timeline, and that recalling the judgment would be improper; the decision finally taken and the Council minutes indicated compliance with Section 67, warranting dismissal of the appeals.

Contentions of Respondents

The respondents contended that the 60-day deadline under Section 67(2) governs decisions on purchase notices issued under Section 67(1). They argued that the first notice remained undecided for more than six months, with the actual decision made on 30.01.2023, after a considerable delay, following which the Court’s directions in 2023 were complied with. They submitted that the delay cannot annul the statutory framework, and that the building permit could be considered in light of the Master Plan only after proper decision, in alignment with the Court’s directives. They urged dismissal of the appeals as the Corporation’s actions complied with the Court’s directions and statutory requirements. ”},

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Pradeep Kumar v. Maradu Municipality2022 (2) KLT 523PositiveCited by the Division Bench and relied upon by the learned Single Judge to emphasize adherence to Section 67 timelines and the approach to decisions under the Act.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WA NO. 37 OF 2024** **AGAINST THE ORDER/JUDGMENT RP 1281/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** 1 THRISSUR MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY , CORPORATION OFFICE. THRISSUR-, PIN - 680001 2 THE SECRETARY THRISSUR MUNICIPAL CORPORATION, CORPORATION OFFICE, THRISSUR-, PIN - 680001 BY ADV SANTHOSH P.PODUVAL ## **RESPONDENT/S:** 1 VAITHEESWARAN IYER.R S/O.RAMALINGA IYER, AGED 45 YEARS, KIZHAKKE MADHOM, CHELAKKODE P.O. THRISSUR DISTRICT., PIN - 680587 2 THE DISTRICT TOWN PLANNER OFFICE OF THE DISTRICT TOWN PLANNER, CIVIL STATION, AYYANTHOLE, THRISSUR-, PIN - 680003 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.02.2024, ALONG WITH WA.59/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A Nos.37 & 59 of 2024 -2- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WA NO. 59 OF 2024** **AGAINST THE ORDER/JUDGMENT WP(C) 16533/2023 OF HIGH COURT** **OF KERALA** ## **APPELLANT/S:** 1 THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR, PIN - 680001 2 THE SECRETARY THE THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR, PIN - 680001 BY ADVS. SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION SANTHOSH P.PODUVAL ## **RESPONDENT/S:** 1 VAITHEESWARAN IYER R AGED 46 YEARS S/O RAMALINGA IYER, AGED 46 YEARS, KIZHAKKE MADHOM, CHELAKKODE P.O., THRISSUR DISTRICT, PIN - 680587 2 THE DISTRICT TOWN PLANNER OFFICE OF THE DISTRICT TOWN PLANNER, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 ## **OTHER PRESENT:** SR.GP.V.TEKCHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.02.2024, ALONG WITH WA.37/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A Nos.37 & 59 of 2024 -3- ## **JUDGMENT** Dated this the 01[st] day of February, 2024 ## _**A.J.Desai, C.J.**_ Among the captioned writ appeals, W.A. No.59 of 2024 is filed by the appellants challenging the judgment dated 22.08.2023 passed by the learned Single Judge in W.P.(C) No.16533 of 2023 and WA No.37 of 2024, against the order dated 19.12.2023 passed by the learned Single Judge in R.P.No.1281 of 2023 filed by the present appellants in the captioned writ petition. The short facts are as under; The writ petitioner, who is in ownership and possession of property having an extent of 1.21 Ares in Sy.No.1519/1 of Thrissur Village, had submitted Ext.P5 purchase notice under Section 67(1) of the Kerala Town and Country Planning Act, 2016, calling upon the appellants/Thrissur Corporation to acquire the aforesaid land within W.A Nos.37 & 59 of 2024 -4- a period of 60 days, since it has been identified for widening of the road as per the Master Plan. The purchase notice was issued since no action was being taken on the application for building permit submitted by the petitioner. Even though purchase notice was issued on 31.03.2022, no decision was taken by the Corporation. Hence, the petitioner filed W.P.(C) No. 8153 of 2022 before this Court seeking a direction to take a decision on the purchase notice or to grant building permit as applied for, as expeditiously as possible. By judgment dated 20.06.2023, the learned Single Judge disposed of the writ petition directing the appellants to decide the notice dated 31.03.2022 as per Section 67(1) of the Kerala Town and Country Planning Act, 2016. Since no decision was called upon, the petitioner issued another purchase notice dated 09.03.2023 and filed the captioned writ petition W.P.(C) No.16533 of 2023 seeking writ of mandamus W.A Nos.37 & 59 of 2024 -5- directing the present appellant Corporation to issue building permit as applied for, taking note of the purchase notice submitted under Section 67(1) of the Kerala Town and Country Planning Act, 2016 and the direction issued by this Court in WP(C) No.8153 of 2022. Learned Single Judge, relied upon the decision of the Division Bench in _**Pradeep Kumar v. Maradu**_ ## _**Municipality [2022 (2) KLT 523]**_ and by judgment dated 22.08.2023, directed the Corporation to process the building permit application of the petitioner without insisting on the conditions stipulated in the Master Plan. 2. The appellants thereafter filed a review petition (RP No.1281 of 2023) requesting the learned Single Judge to recall the judgment dated 22.08.2023 on the ground that the Corporation had already complied with the direction issued by this Court _vide_ judgment dated 22.08.2023. Therein the appellants also produced the decision W.A Nos.37 & 59 of 2024 -6- taken by the Corporation in compliance of the direction issued by this Court. As the learned Single Judge dismissed the review petition _vide_ order 19.12.2023, these writ appeals are filed. 3. Learned Counsel appearing for the appellant Corporation would contend that the Corporation could not produce the minutes of the Council along with the decision taken by the Corporation. He submits that the said decision was produced in the review petition, for which the Corporation has decided to grant the building permit leaving sufficient space for widening as per Master Plan and therefore, the learned Single Judge ought to have accepted the review petition and recalled the order. He would submit that non-consideration of the notice under Section 67(2) within 60 days would not entitle the applicant for the building permit applied for. As such, the learned Single Judge ought not to have dismissed the review petition and ought to have W.A Nos.37 & 59 of 2024 -7- recalled the judgment directing to issue the building permit. He therefore would submit that the appeals ought to be allowed. 4. On the other hand, learned Counsel appearing for the respondent/writ petitioner would submit that, as per Section 67(2), the Corporation is supposed to decide the application within a period of 60 days from the date of receipt of purchase notice. He would submit that the purchase notice was issued way back on 30.03.2022. Since notice was not responded, the writ petition had been filed by which the direction issued to the Corporation by judgment dated 22.08.2023. He would further submit that the Corporation has not decided the application within a period of 60 days from 30.03.2022. Instead, the decision was taken only on 30.01.2023, ie., after more than six months period and therefore, the learned Single Judge has committed no error. Hence, he requested to W.A Nos.37 & 59 of 2024 -8- dismiss the appeals. 5. We heard learned Counsel for the respective parties. 6. In the nature of the contentions urged, it is essential to read Section 67 of the Act as provided hereunder; _“67._ _**Obligation to acquire land in certain cases** .—(1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, within such time and in such manner, as may be prescribed, a notice (hereinafter referred to as “the purchase notice”) requiring the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to purchase the interest in the land in accordance with the provisions of this Act;_ W.A Nos.37 & 59 of 2024 -9- _(2) On receipt of any purchase notice under sub-section (1), as soon as possible, but not later than sixty days from the date of receipt of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, through a resolution decide to acquire the land, where the land is designated for compulsory acquisition for the purpose of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat.”_ 7. It is an undisputed fact that the first purchase notice was issued by the original petitioner to the appellant Corporation on 31.03.2022. The Corporation was bound to decide the application within a period of 60 days. Since the same was not decided, the petitioner was compelled to file writ petition No.8153 of 2022 which came to be disposed of by judgment dated 20.06.2022, directing the Corporation to decide the purchase notice. Instead of deciding the notice within a period of 60 days from the date W.A Nos.37 & 59 of 2024 -10- of judgment, decision was taken only on 30.01.2023. The decision is produced by the Corporation along with the review petition papers. We are of the considered opinion that as the direction was strictly in compliance of Section 67 of the Act, the learned Single Judge has committed no error in allowing the writ petition in favour of the original petitioner and dismissing the review petition. Needless to say that, if building permit is granted as per the directions of this Court, it would be open for the appellants to take appropriate legal proceedings in case of necessity for widening the road. ## **Sd/-** ## **A.J.Desai Chief Justice** **sd/-** **V.G.Arun Judge** Scl/