Kerala High Court
Ibrahim P M vs State Of Kerala on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 21093 OF 2024
PETITIONER:
IBRAHIM P M,
AGED 52 YEARS
CHEENIKKATHERUVU, PUTHUCODE,
P.O PUTHUCODE, PALAKKAD,KERALA,
PIN - 678 687.
BY ADVS.
T.R.VISHNU
A.MOHAMMED SAVAD
V.S.SHIRAZ BAVA
V.E.ABDUL GAFOOR
R.SHABANA
ANJANA C.R.
NAINU P.A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 PUTHUCODE GRAMA PANCHYATH,
REPRESENTED BY ITS SECRETARY, PUTHUCODE, P.O,
PALAKKAD DISTRICT, PIN - 678 687.
OTHER PRESENT:
SMT.PREETHA K.K., SR.GOVERNMENT PLEADER
SRI.C.A.ANOOP, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.21093 OF 2024
2
MOHAMMED NIAS C.P., J.
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W.P.(C). No. 21093 of 2024
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Dated this the 28th day of June, 2024
JUDGMENT
The petitioner challenges Ext.P4 notice rejecting his application for a building permit for want of plot development permit.
2. Both sides submit that the issue is covered in favour of the petitioner by the judgments of this Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1] and Panjal Grama Panchayat v. Aneesh P. [2022 (2) KLT 653].
3. Accordingly, the impugned order is quashed and there will be a direction to respondent No.2 to consider the application for a building permit submitted by the petitioner, if it is otherwise in order, without insisting on the plot development permit mentioned in the impugned order, and pass appropriate orders in accordance with the relevant W.P.(C)No.21093 OF 2024 3 building rules, within a month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P., JUDGE S.M.K. W.P.(C)No.21093 OF 2024 4 APPENDIX OF WP(C) 21093/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO. 1444/1/2021 DATED 12.04.2021 OF SUB REGISTRY OFFICE ALATHUR Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 03.06.2024 ISSUED BY THE VILLAGE OFFICER, PUTHUCODE VILLAGE IN THE NAME OF THE PETITIONER Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE HAVING NO. 83749929 DATED 22.02.2024 ISSUED IN THE NAME OF THE PETITIONER Exhibit P4 TRUE COPY OF THE NOTICE HAVING NO.
400823/BPRL01/GPA/2024/695/(1) DATED 20.05.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER