WP(C) NO. 12797 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 12797 OF 2022
PETITIONER/S:
VIPIN A.V.,
AGED 30 YEARS
S/O.A.G.VELUKUTTY, ALLANCHERI HOUSE, SHORANUR-679
121, PALAKKAD DISTRICT.
BY ADV BINOY VASUDEVAN
RESPONDENT/S:
1 THE VALLATHOL NAGAR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
CHERUTHURUTHY P.O., THRISSUR DISTRICT-679 531.
2 THE SECRETARY,
VALLATHOL NAGAR GRAMA PANCHAYAT, PANCHAYAT OFFICE,
CHERUTHURUTHY P.O., THRISSUR DISTRICT-679 531.
BY ADV P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12797 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.12797 of 2022
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Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers : i. Issue a writ of certiorari or other appropriate writs, orders or directions to call for the records leading upto Ext P4 and to quash the same;
ii. Issue a writ of mandamus or other appropriate writs, orders or directions commanding the 2nd respondent to consider the application for building permit submitted by the petitioner without insisting for a development permit as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court.
iii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.[sic]
2. The petitioner is the absolute owner and in possession of a parcel of land in Cheruthuruthy and Nedumpara Village of Thalappilly Taluk in Thrissur District. He submitted an application for building permit before the 2nd respondent. The 2nd WP(C) NO. 12797 OF 2022 3 respondent by communication dated 4.1.2022 directed the petitioner to produce a development permit. The contention of the petitioner is that the same is not necessary in view of the law laid down by this Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1] which is confirmed by the Division Bench in Panjal Grama Panchayat v. Aneesh [2022 (2) KLT 653]. Ext.P6 is the judgment. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the Panchayat.
4. The counsel appearing for the Panchayat submitted that the point raised is covered in favour of the petitioner in Ext.P6 judgment. In the light of the same, nothing survives in this case.
Therefore, this writ petition is allowed in the following manner :
1) Ext.P4 is quashed.
2) There will be a direction to the 2 nd respondent to consider the application for building permit submitted by the petitioner without insisting for a development permit as WP(C) NO. 12797 OF 2022 4 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. 12797 OF 2022 5 APPENDIX OF WP(C) 12797/2022 PETITIONER EXHIBITS Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 25.03.2022 IN W.A.NO.185 OF 2022.
Exhibit P1 TRUE COPY OF DOCUMENT NO.481/21 OF SRO WADAKKANCHERRY DATED 09.02.2021. Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05.07.2021 ISSUED BY THE VILLAGE OFFICER CHERUTHURUTHY AND NEDUMPURA VILLAGE.
Exhibit P3 TRUE COPY OF THE LAND TAX DATED 01.07.2021 ISSUED BY THE VILLAGE OFFICER CHERUTHURUTHY AND NEDUMPURA VILLAGE. Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.400683/BPRL01/GEENRAL2021/6514(2) ISSUED BY THE 2ND RESPONDENT DATED 04.01.2022.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25.02.2022 IN WPC NO.26019 OF 2021.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 25.03.2022 IN WA NO.185 OF 2022.