PRADEEP KUMAR Vs. MARADU MUNICIPALITY
LAWS(KER)-2022-3-86
HIGH COURT OF KERALA
Decided on March 04,2022

PRADEEP KUMAR Appellant
VERSUS
Maradu Municipality Respondents


Referred Judgements :-

DISTRICT TOWN PLANNER,THRISSUR V. JOBY M.C [REFERRED TO]
REGIONAL TOWN PLANNER VS. MUHAMMED RASHEED [REFERRED TO]
DISTRICT TOWN PLANNER, MALAPPURAM AND ORS. VS. VINOD AND ORS. [REFERRED TO]



Cited Judgements :-

P.H. BABU ANSARI VS. MUNICIPAL COUNCIL [LAWS(KER)-2023-11-129] [REFERRED TO]
TOWN PLANNER VS. JOSEPH JACOB [LAWS(KER)-2023-2-189] [REFERRED TO]


JUDGEMENT

S.MANIKUMAR C.J. - (1.)This appeal is preferred by petitioners in the writ petition challenging the judgment of the learned Single Judge in W.P.(C) No.17262/2020 dtd. 17/1/222, whereby the learned Single dismissed the writ petition holding that the property shown in a scheme as reserved for roads is not liable to be purchased by the Municipality/Government invoking sec. 67 of the Town and Country Planning Act, 2016. Brief material facts for the disposal of the writ appeal are as follows;
(2.)According to the appellants, they are the absolute owners in possession of an extent of 24.73 Ares comprised in Re.Sy. Nos.221/4-2, 221/4-2-2, 221/4-2-2-2, 221/5-2-2, 221/5-3, 221/9, 221/10 and 221/12 of Maradu Village, Kanayannur Taluk, Ernakulam District, as per document Nos.3612/2001, 1192/1986, 2145/2002, 2101/2001 and Settlement Deed Nos.665/2018, 666/2018 and 667/2018 of Maradu Sub Registrar Office.
(3.)It is the case of the appellants that being desirous of developing the properties and construct a multistoried residential complex they entered into a joint venture agreement with the 5th petitioner. Thereupon, appellants authorised the 5th petitioner builder - Abad Builders Pvt. Ltd., for obtaining a building permit from respondents 1 & 2 as well as other necessary permissions from the concerned authorities. Accordingly, appellants submitted an online application for building permit along with Fire NOC for the construction of 32 residential apartments spread in B+G+17 floors.


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