WP(C) NO. 6670 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 6670 OF 2020
PETITIONER/S:
MUHAMMED JAMALUDHEEN,
AGED 71 YEARS
S/O. MOIDUNNI,
CHERUVATHATTAYIL HOUSE, PUNNAYOORKULAM P O,
CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV K.RAKESH
RESPONDENT/S:
1 THE VYTHIRI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
VYTHIRI, WAYANAD DISTRICT, PIN-673576.
2 THE SECRETARY
VYTHIRI GRAMA PANCHAYATH, VYTHIRI, WAYANAD DISTRICT,
PIN-673576.
BY ADV SRI.MANOJ RAMASWAMY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6670 OF 2020 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 6670 of 2020
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Dated this the 25th day of August, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i) Call for the entire records leading to Ext P2 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions
ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 2nd respondent to renew Exhibit P1 building permit of the petitioner expeditiously as possible within a time frame fixed by this Hon'ble Court;
iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. [SIC]
2. The petitioner submitted an application for renewal of Ext.P1 building permit and the 2 nd respondent as per Ext.P2 WP(C) NO. 6670 OF 2020 3 declined to renew the permit stating that the property is included in the draft statement of Vythiri Taluk Land Board and hence, the application for renewal cannot be considered. The petitioner submitted that Ext.P2 is illegal and the 2 nd respondent erred in not renewing the permit when the construction is underway. The petitioner is also relying on Ext.P3 judgment of the Division Bench of this Court, in which this Court directed the local authority to issue occupancy certificate to the building subject to the proceedings under the Land Reforms Act.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.
4. This Court perused Ext.P2 order. The only reason for rejecting the renewal application is that the property is included in the draft statement of the Land Board. That is not a ground to reject the renewal application, in the light of Ext. P3 WP(C) NO. 6670 OF 2020 4 judgment. The Panchayat is bound to issue renewal of the building permit, if it is otherwise in order, subject to any proceedings under the Land Reforms Act.
Therefore, this writ petition is allowed in the following manner :
1) Ext.P2 is set aside.
2) The respondents are directed to reconsider the application for renewal of the building permit dehors the reasons mentioned in Ext.P2, if it is otherwise in order.
3) The orders should be passed in the renewal application as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 6670 OF 2020 5 APPENDIX OF WP(C) 6670/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT, CHANGED AS PER DOCUMENT NO 1326/1/16 DATED 9.6.2016. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 27.1.2020.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT IN WA NO.
1894/2018 DATED 15.10.2018.