IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 16308 OF 2022
PETITIONER:
SANGEETHA S
AGED 27 YEARS
W/O. SURESH KUMAR, KELATH PAKATH PARAMBIL HOUSE,
PATTIPPARAMBU P.O, THIRUVILLWAMALA VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680588.
BY ADV SHOBY K.FRANCIS
RESPONDENTS:
1 THIRUVILLWAMALA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
THIRUVILLWAMALA P.O, THRISSUR DISTRICT, PIN - 680588.
2 SECRETARY,
THIRUVILLWAMALA GRAMA PANCHAYATH, PANCHAYATH OFFICE,
THIRUVILLWAMALA P.O, THRISSUR DISTRICT, PIN - 680588.
BY ADVS.
BRIJESH MOHAN
R.RAJPRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16308 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner has approached this Court aggrieved by the insistence made by the respondents on obtaining Development Permit for the purpose of grant of Building Permit. The petitioner challenges Ext.P5.
2. Standing Counsel entered appearance on behalf of the respondents and contested the writ petition. The Standing Counsel submitted that there was an earlier application for Development Permit and Layout Approval submitted by the owner of the land and the respondents had granted Layout Approval. But, the applicant submitted a revised application for Layout Approval. Pending such application, the petitioner, who has purchased a portion of the land, cannot be granted Building Permit, urged the Standing Counsel for the respondents. WP(C) NO. 16308 OF 2022 3
3. The petitioner would submit that the petitioner has purchased 6.86 Cents of land from the property owner and the petitioner does not propose to make any development of the land. The sole intention of the petitioner is to construct a residential building. The counsel for the petitioner pointed out that the issue involved in this case is covered by various judgments of this Court.
4. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
5. The question arising for consideration in this writ petition is whether the respondents are justified in insisting for obtaining Development Permit/Layout Approval from the petitioner for construction of a residential building. This Court in Philip Thomas v. Geologist [2021 (5) KLT 227] held that the Kerala Municipal Building Rules do not provide for issuance of Land Development Permit in cases where building construction WP(C) NO. 16308 OF 2022 4 does not involve sub division of plots. A Development Permit under Rules 4 and 5 of the Kerala Municipal Building Rules, 2019 is required only when there is development of land by dividing land into plots. In the petitioner's case, the petitioner does not intend to sub divide any land into plots.
6. In Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1], this Court held that unless in the land of the purchaser of the smaller portion of the land, activity which attracts the definition of 'development of land' is involved, there would be no requirement of obtaining Development Permit prior to applying for a Building Permit.
In view of the binding precedents of this Court, the petitioner is entitled to succeed in the writ petition. The writ petition is allowed. The respondents are directed to consider the application for Building Permit submitted by the petitioner without insisting for Development Permit/Layout Approval and grant the petitioner Building Permit, if the petitioner is otherwise WP(C) NO. 16308 OF 2022 5 eligible. To enable the respondents to reconsider the issue, Ext.P5 is set aside. Orders on the application for Building Permit shall be passed within a period of one month.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 16308 OF 2022 6 APPENDIX OF WP(C) 16308/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.07.2021 ISSUED BY THE VILLAGE OFFICER.
Exhibit P2 TRUE COPY OF THE LOCATION SKETCH DATED 31.8.2021 ISSUED BY THE VILLAGE OFFICER.
Exhibit P3 TRUE COPY OF THE THADAPER ACCOUNT DATED 31.08.2021 ISSUED BY THE VILLAGE OFFICER.
Exhibit P4 TRUE COPY OF THE SERVICE PLAN SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED NIL.
Exhibit P5 TRUE COPY OF NOTICE NO. C2-5609/2021 DATED 27.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.