Kerala High Court
Nithin Peethan vs The State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.27484 OF 2020(I)
PETITIONER/S:
NITHIN PEETHAN,
AGED 42 YEARS,
S/O.PEETHAMBARAN,
NITHIN BHAVAN,
ULIYANNNOOR DESOM,
KADUNGALLORE VILLAGE,
KADUNGALLORE P.O.,
PARAVOOR (ALUVA) TALUK,
ERNAKULAM DISTRICT, 683 108.
BY ADV. SRI.N.L.BITTO
RESPONDENT/S:
1 THE STATE OF KERALA
REP.BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVT., SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE ALOOR GRAMA PANCHAYATH,
REP.BY ITS SECRETARY,
KALLETTUMKARA P.O.,
THRISSUR DISTRICT 680 683
R2 BY SHRI.PHILIP T.VARGHESE, STANDING COUNSEL,
ALOOR GRAMA PANCHAYAT
R1 BY SMT.G.RANJITA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.27484 of 2020
2
W.P.(C) No.27484 of 2020
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JUDGMENT
Petitioner owns along with his wife, 3.28 Ares of land in
Kallettumkara Village. The land of the petitioner is situated within the
limits of the second respondent Panchayat. With a view to construct a
residential building in the said land, the petitioner preferred an
application for building permit. On the said application, the petitioner
is now informed that the application can be considered only if the
petitioner obtains development permit in respect of the land. Ext.P4 is
the communication issued in this regard by the Secretary of the
Panchayath. Ext.P4 is under challenge in the writ petition. The case of
the petitioner, in essence, is that he need not have to develop the land
in any manner as provided for in Rule 2(ae) of the Kerala Panchayat
Building Rules, 2019 and therefore, the second respondent cannot
insist the petitioner to obtain development permit for the purpose of
considering his application for building permit.
2. Today, when this matter was taken up, the learned
Standing Counsel for the second respondent Grama Panchayat,
submitted, on instructions, that the petitioner need not have to
develop the land in any manner as provided for in Rule 2(ae) of the
Kerala Panchayat Building Rules, 2019 for the purpose of putting up the
building proposed by him.
W.P.(C) No.27484 of 2020
3. In Nafeesa v. Chavakkad Municipality, 2018 (3) KLT
1, this Court held that unless an activity which attracts the definition of
'development of land' is involved at the hands of the holder of a land
who intends to put up a construction therein, there would be no
requirement to obtain a development permit for applying for a building
permit.
4. In the light of the decision of this court in Nafeesa,
the petitioner is entitled to succeed.
In the result, the writ petition is allowed. Ext.P4
communication is quashed and the second respondent Panchayat is
directed to grant the building permit applied for by the petitioner, if the
application preferred by the petitioner for the said purpose is otherwise
in order. This shall be done within two weeks from the date of
production of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Mn
W.P.(C) No.27484 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1402 OF
2020 OF KALLETTUMKARA SRO DATED
18/9/2020
EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT
NO.KL08060703253/2020 ISSUED FROM
KALLETTUMKARA VILLAGE DATED 21/10/2020
EXHIBIT P3 A TRUE COPY OF THE POSSESSION
CERTIFICATE NO.51644169 ISSUED FROM THE
KALLETTUMKARA VILLAGE OFFICE DATED
2/11/2020
EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED AS SC3-
1132/2020 BY THE 2ND RESPONDENT DATED
3/12 2020
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WP(C)
31469 OF 2019 OF THE HONOURABLE HIGH
COURT OF KERALA DATED 27/11/2019
