IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16772 OF 2022
PETITIONER:
GEORGE PAUL,
AGED 68 YEARS,
NANGINI HOUSE, AVITTATHUR, MURIYAD P.O.,THRISSUR
DISTRICT, PIN 680683.
BY ADV P.V.PAULSON
RESPONDENTS:
1 MURIYAD GRAMAPANCHAYAT,
MURIYAD P.O. THRISSUR DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN 680683.
2 THE SECRETARY,
MURIYAD GRAMAPANCHAYAT, MURIYAD P.O., THRISSUR
DISTRICT, PIN 680683.
SMT.P.R.REENA, SC, MURIYAD GRAMAPANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16772 OF 2022 2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioner, who is the owner in possession of 3 Ares 57 Square Metres of land in Mukundapuram Taluk of Thrissur District, is aggrieved by Ext.P5 communication of the 2 nd respondent-Secretary to the 1st respondent-Grama Panchayat.
2. The petitioner wanted to make certain construction in his land. The petitioner submitted an application for Building Permit. The Secretary to the Panchayat issued Ext.P5 communication on 12.05.2022 stating that the application for Building Permit can be considered only on producing Development Permit as provided under Rule 31(1) of the Kerala Panchayat Building Rules. It is aggrieved by the said communication that the petitioner is before this Court.
3. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
4. A Division Bench of this Court considered the requirements of issuance of the Development Permit for the purpose of obtaining Building Permit, in the judgment reported in WP(C) NO. 16772 OF 2022 3 Panjal Grama Panchayat, Thrissur and another v. Aneesh P. [2022 (2) KLT 653]. This Court held that the Development Permit contemplated under the Rules is required only when activities as envisaged under the definition of 'Developer' and 'Development of land' take place. The petitioner in this case does not propose to develop the land.
5. In the circumstances, the issue involved is squarely covered by the Division Bench judgment of this Court in Panjal Grama Panchayat, Thrissur and another (Supra).
The writ petition is, therefore, allowed. Ext.P5 communication of the Secretary to the Panchayat is set aside. The respondents are directed to consider the Building Permit application submitted by the petitioner without insisting for production of Development Permit, in the light of the Division Bench judgment of this Court referred to above.
Sd/-
N. NAGARESH, JUDGE DSV/31.05.2022 WP(C) NO. 16772 OF 2022 4 APPENDIX OF WP(C) 16772/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1447/2014 OF IRINJALAKKUDA SRO DATED 16.06.2014. Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PULLUR FOR THE PERIOD 2022 -2023 DATED 13.04.2022.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PULLUR DATED 05.05.2016.
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGE RECEIPT ISSUED BY THE 1ST RESPONDENT PANCHAYAT DATED 26.04.2022.
Exhibit P5 TRUE COPY OF THE LETTER NO.
400725BPRL02/GA/2022/435(1) ISSUED BY THE 2ND RESPONDENT DATED 12.05.2022. Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P. (C) 24060/2017 OF THE HON'BLE HIGH COURT OF KERALA DATED 16.02.2018.
Exhibit P7 TRUE COPY OF THE CIRCULAR NO. 855246 RB/LSG DATED 29.04.2017 ISSUED BY THE SECRETARY, STATE OF KERALA, DEPARTMENT OF LOCAL ADMINISTRATION.
Exhibit P8 TRUE COPY OF THE CIRCULAR NO. C5-
25750/2010 DATED 05.05.2017 ISSUED BY THE DIRECTOR OF PANCHAYAT TO THE DEPUTY DIRECTORS.
RESPONDENTS' EXHIBITS: NIL