Kerala High Court
Babitha A.G vs Kolazhy Grama Panchayat on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.2221 OF 2021(C)
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NAME AND ADDRESS OF THE PETITIONER:
BABITHA A.G.,
AGED 41 YEARS
W/O.SUNIL K.N.,
KALLATTUVALAPPIL HOUSE,
'NANDANAM', III-1493,
AISWARYA GARDEN, PERINGAVU,
THRISSUR PIN 680 008
BY ADV. SRI.RANJITH XAVIER
RESPONDENTS:
1 KOLAZHY GRAMA PANCHAYAT
MULAMKUNNATHUKAVU P.O.,
THRISSUR 680 581 REP.BY ITS SECRETARY.
2 SECRETARY
KOLAZHY GRAMA PANCHAYAT,
MULAMKUNNATHUKAVU P.O., THRISSUR 680 581
R1-2 BY ADV. SRI.SANTHOSH P.PODUVAL
(STANDING COUNSEL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.2221 of 2021
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Dated this the 15th day of February, 2021
JUDGMENT
The application for building permit submitted
by the petitioner is not being considered by the
Municipality by insisting for a development permit,
is the grievance of the petitioner.
2. The petitioner along with her husband owns
2.43 Ares (6.004 cents) of garden land. The
property was purchased for the construction of a
house, as per Ext.P1 sale deed, in the year 2020.
3. Heard learned counsel Sri.Ranjith Xavier on
behalf of the petitioner and Sri.Santhosh Poduval,
learned Standing Counsel for the respondent
Municipality.
4. Rule 2(ae) of the Kerala Panchayat Building
Rules 2019 defines "development of the land" thus:-
" 'development of land' means any material
change on the use of land other than for
agricultural purpose brought about or intended to
W. P. (C) No.2221 of 2021
be brought about by filling up of the land or
changing from the existing former use of the land,
layout of streets and foot paths, provision of water
supply, sewerage, drainage, electrification,
landscaping, sub-division of land for residential
plots or for other uses including layout of internal
streets, developing parks, play grounds and social
amenities of the like, but does not include legal
partitioning of family property among heirs."
5. It is not disputed that the construction of
a house in the property in question does not
involve any development of the land within the
scope of definition.
6. Accordingly the writ petition is disposed of
directing the respondents to consider and pass
orders on Ext.P4 building permit application
submitted by the petitioner without insisting for
production of development permit. The application
shall be considered and orders passed within a
W. P. (C) No.2221 of 2021
period of one month from the date of receipt of a
copy of this judgment.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.2221 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1510/I/2020
OF THRISSUR SUB REGISTRY DATED 18.9.2020
EXHIBIT P2 TRUE COPY OF INTIMATION DATED 18.1.2021
FROM THE 2ND RESPONDENT SECRETARY.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT DATED 7.10.2020 IN WP(C) NO.19859 OF
EXHIBIT P4 TRUE COPY OF PERMIT APPLICATION DATED
2.12.2020 SUBMITTED BY PETITIONER AND
HUSBAND.
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