P.P. Manoj Kumar Vs Secretary Thalassery Municipality (Kerala High Court)
The petitioner, a resident of Thalassery in Kannur District, filed a writ petition before the Kerala High Court challenging the action of the Thalassery Municipality in returning his application for a building permit for constructing a residential building. The petitioner stated that he owned property within the Thalassery Municipality, as evidenced by a document dated 2016. When he applied for a building permit to construct a residential building on the property, the Municipality returned the application through a communication dated 30.05.2017. The rejection was based on the development plan of 2007, which classified the property as falling within an “agricultural zone.”
The petitioner further stated that the property was also included in the data bank under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Since he did not have any other land for constructing a residence, he approached the District Level Authorised Committee seeking permission to use the land for residential construction. The Committee considered his request and, by order dated 22.06.2018, permitted the petitioner to fill a portion of the paddy land to the limited extent of five cents for the purpose of constructing a residential building.
