IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 9THDAY OF NOVEMBER 2022/18TH KARTHIKA, 1944
WP(C) NO. 35055 OF 2022
PETITIONER
ABHIJITH A.S
AGED 30 YEARS
S/O.P.N.SOMAN, AYILEPPILLI HOUSE,
CHALIPARAMBU ROAD,
THRIKKAKARA (PO),
ERNAKULAM DISTRICT,
PIN-682021.
BY ADV BINOY VASUDEVAN
RESPONDENTS
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
ERNAKULAM, PIN-682030.
2 THRIKKAKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, NGO QUARTERS,
NGO QUARTERS, THRIKKAKARA,
KOCHI-682021.
3 THE SECRETARY,
THRIKKAKARA MUNICIPALITY,
MUNICIPAL OFFICE, NGO QUARTERS,
THRIKKAKARA, KOCHI-682021.
4 THE NAVAL PHYSICAL AND OCEANOGRAPHIC
LABORATORY(NPOL),
REPRESENTED BY ITS CHIEF EXECUTIVE/GROUP
DIRECTOR(NDC),
PB NO.6, NGO QUARTERS, THRIKKAKARA,
KOCHI-682021.
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BY ADV K.V.SREE VINAYAKAN
ADV.S.JAMAL. STANDING COUNSEL
SMT.VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2022 ALONG WITH W.P(C)NO.35114 OF 2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 9THDAY OF NOVEMBER 2022/18TH KARTHIKA, 1944
WP(C) NO. 35114 OF 2022
PETITIONER
V.M.AJI
AGED 39 YEARS
S/O.V.MUTHUNAYAKOM, AGED 39 YEARS SANTHWANAM, 570 A/XII, THEVAKKAL,
THRIKKAKKARA (PO) ERNAKULAM DISTRICT,
PIN 682 021.
BY ADV BINOY VASUDEVAN
RESPONDENTS
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, ERNAKULAM,
PIN 682 030.
2 THRIKKAKKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, NGO
QUARTERS, THRIKKAKKARA,
KOCHI - 682 021.
3 THE SECRETARY,
THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE,
NGO QUARTERS, THRIKKAKKARA,
KOCHI - 682 021.
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4 THE NAVAL PHYSICAL AND OCEANOGRAPHIC LABORATORY
(NPOL),REPRESENTED BY ITS CHIEF EXECUTIVE/GROUP DIRECTOR (NDC)PB NO.6, NGO QUARTERS, THRIKKAKKARA, KOCHI- 682
021.
BY ADV S.MANU
ADV.S.JAMAL STANDING COUNSEL
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH
W.P(C)NO.35055 OF 2022 ON 09.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 9thday of November, 2022 (W.P(C)Nos.35055 of 2022 and 35114 of 2022) In both these writ petitions, the petitioners are residents of Thrikkakara Municipality. They wanted to construct buildings in their respective land. The applications submitted by the petitioners for Building Permit have not been considered.
2. The petitioners would state that reason for non consideration of the applications is that the petitioners' land is situated very close to the property of the Naval Physical and Oceanographic Laboratory (NPOL), which is a Defence Establishment.
3. NPOL is a Defence Establishment and the Government of India has issued a declaration under Section 3(1) of the Works of Defence Act, 1903. Therefore, without the permission of the Defence Authorities, no construction can be allowed, contended the Standing Counsel representing the Thrikkakara Municipality.
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4. I find that the issue has been considered by this Court in W.P(C) No.18528 of 2020. This Court held that in the absence of Gazette publication of the declaration in the State Gazette, the provisions of the Works of Defence Act, 1903 cannot be said to have come into force in the area around NPOL.
5. In the said judgment, this Court held that the declaration of the Government of India has ceased to be in effect and consequently the petitioners therein are entitled to deal with their properties in any manner as is permitted under law, for which purpose, they can approach the competent authorities, including the Local Self Government Institutions concerned. Following the said judgment, these writ petitions are also liable to be allowed. Accordingly, the writ petitions are disposed of directing the Secretary to the Thrikkakkara Municipality to receive and process the applications for Building Permit submitted by the petitioners, dehors Section 3(1) of the Works of Defence Act, 1903. A decision on the applications shall be taken within a period of one month. Sd/-
smm N. NAGARESH, JUDGE
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