Mohanan vs Mulakkuzha Grama Panchayath
2021 Latest Caselaw 16235 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 9399 OF 2021
PETITIONER:

          MOHANAN,AGED 52 YEARS,S/O. BHASKARAN, PATTANGATTIL
          THEKKECHARUVIL VEEDU, AREECKARA MURI, MULAKKUZHA
          VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

          BY ADV K.V.ANIL KUMAR



RESPONDENTS:

    1     MULAKKUZHA GRAMA PANCHAYATH,MULAKKUZHA P.O., ALAPPUZHA
          DISTRICT, PIN-689504, REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,MULAKKUZHA GRAMA PANCHAYATH,
          MULAKKUZHA P.O., ALAPPUZHA DISTRICT, PIN-689504.

          BY ADV N.ASHOK KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9399 OF 2021
                                    2

                              JUDGMENT

The petitioner is aggrieved by the non-

consideration of Ext P3 application submitted by him

before the 2nd respondent seeking issuance of a

development permit.

2. Heard the learned counsel for the petitioner

and also the learned standing counsel for the

respondents.

3. The learned standing counsel points out that,

if no activity of 'development of land' in terms of

the Panchayath Building Rules is involved, a

development permit as sought for by the petitioner

is not liable to be issued. So also, one of the

conditions in Ext P2 building permit issued in

favour of the petitioner reads thus:

"5.Any type of land development permit is

not permitted. If any violation of Act and

Rules, the panchayath have right to cancel

this building permit without prior

notice."

WP(C) NO. 9399 OF 2021

4. Be that as it may, it is for the 2 nd

respondent to pass appropriate orders on Ext P3

application.

Accordingly, the writ petition is disposed of

directing the 2nd respondent to consider and pass

order on the petitioner's application for

development permit, after giving an opportunity

of hearing to the petitioner, as expeditiously as

possible and at any rate within a period of two

weeks from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 9399 OF 2021

APPENDIX OF WP(C) 9399/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17.11.2020 ISSUED FROM THE VILLAGE OFFICE, MULAKKUZHA.

EXHIBIT P2 A TRUE COPY OF THE BUILDING PERMIT DATED 18.6.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REQUEST DATED 18.3.2021 BEFORE THE 2ND RESPONDENT AND ITS RECEIPT.