Hareesh Kumar S vs Athirampuzha Grama Panchayat ...

Kerala High Court

Hareesh Kumar S vs Athirampuzha Grama Panchayat ... on 23 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        WP(C) NO. 17165 OF 2024
PETITIONER:

            HAREESH KUMAR S
            AGED 43 YEARS
            S/O P.J. SASEENDRA BABU,
            KOLLAMPARAMBIL HOUSE, ARPOOKARA WEST P.O.,
            ARPOOKARA, KOTTAYAM, PIN - 686008

            BY ADVS.
            CHITHRA CHANDRASEKHARAN
            RAJEEV V.K.



RESPONDENTS:

    1       ATHIRAMPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS
            SECRETARY
            OFFICE OF THE ATHIRAMPUZHA GRAMA PANCHAYAT,
            CHARISBHAVAN CONNCECTION ROAD,
            ATHIRAMPUZHA, KOTTAYAM, PIN - 686562

    2       SECRETARY
            ATHIRAMPUZHA GRAMA PANCHAYAT, OFFICE OF THE
            ATHIRAMPUZHA GRAMA PANCHAYAT,
            CHARISBHAVAN CONNCECTION ROAD,
            ATHIRAMPUZHA, KOTTAYAM, PIN - 686562

            BY ADV ADV VARUGHESE M EASO


OTHER PRESENT:

            SRI.VARUGHESE M.EASO, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17165 OF 2024
                               2

                 MOHAMMED NIAS C.P., J.
          =========================
               W.P.(C.) No. 17165 of 2024
          =========================
          Dated this the 23rd day of May, 2024



                        JUDGMENT

The petitioner challenges Ext.P3 order rejecting the application seeking a building permit for want of layout approval. Both sides submit that the issue is covered in favour of the petitioner by the judgments of this Court in Panjal Grama Panchayat v. Annesh (2022 (2) KLT 653 and Nafeesa v. Chavakkad Municipality (2018 (3) KLT 1).

2. In view of the above judgments, the petitioner is entitled to a consideration of an application for a building permit without insisting on the development permit.

3. The learned Standing Counsel appearing for the Panchayat submits that the previous owner of the property, from whom the petitioner purchased the land, had developed the property without seeking or obtaining a WP(C) NO. 17165 OF 2024 3 valid development permit from the Panchayat. Therefore, the owner of the property is liable to be proceeded against. If the previous owner has committed any violation of the Building Rules, it is up to the Panchayat to take appropriate action as warranted. However, the same can not be a reason to deny the building permit to the petitioner for the reason stated in the impugned order.

4. Accordingly, there will be a direction to the Secretary of the Panchayat to reconsider the application for a building permit submitted by the petitioner without insisting on the approved layout or a development permit and pass appropriate orders on the application, if the same is otherwise in order, within six weeks from the date of receipt of a certified copy of this judgment.

The writ petition is allowed accordingly.

Sd/-

MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 17165 OF 2024 4 APPENDIX OF WP(C) 17165/2024 PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.KL05030413958/2023 DATED 05/10/2023 ISSUED FROM THE VILLAGE OFFICE, ATHIRAMPUZHA IN THE NAME OF THE PETITIONER AND HIS WIFE EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 20/02/2024 HAVING FILE NO. 400476/BPRO1/GPO/2024/1311 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ORDER NO, 400476/BPRL01/GPO/ 2024/1311(2) DATED 25.04.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.17150/2023 DATED 11/08/2023 // True Copy // PA To Judge