Manjumol vs The Mulakkuzha Grama Panchayath
2021 Latest Caselaw 767 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.25433 OF 2020(D)


PETITIONER:

               MANJUMOL, AGED 39 YEARS,
               W/O. SANTHOSH, 'THIRUVAMBADIYIL',
               CHENGANNUR P.O, ALAPPUZHA - 689 121.

               BY ADVS.
               SRI.SHABU SREEDHARAN
               SMT.ANJANA G.
               SHRI.JOBIN JOSE P.
               SMT.MEENU THAMPI
               SMT.GAYATHRI MENON

RESPONDENTS:

      1        THE MULAKKUZHA GRAMA PANCHAYATH,
               REPRESENTED BY THE SECRETARY, MULAKKUZHA P.O,
               CHENGANNUR, ALAPPUZHA-689 505.

      2        THE GEOLOGIST, DEPT. OF MINING AND GEOLOGY,
               MINI CIVIL STATION, CHERTHALA,
               ALAPPUZHA - 688 524.

               BY ADVS. SRI.N.ASHOK KUMAR
                        SRI.K J MANURAJ, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25433 OF 2020(D)

                                -2-

                            JUDGMENT

Dated this the 8th day of January 2021

The petitioner approached this Court seeking

direction to the 1st respondent to issue development

permit and building permit based on the application

made by her, as evident from Ext.P3 and the 2 nd

respondent to issue transit pass, on her submission

of development permit and other relevant

documents within a time frame.

2. The learned Standing Counsel for the 1 st

respondent submitted that the Panchayat new

committee in the office will take a decision within a

period of one month.

3. It is to be noted that the 1st respondent

issued Ext.P4 letter, dated 06.11.2020, to the

petitioner stating that the committee has taken a WP(C).No.25433 OF 2020(D)

decision not to grant development permit if there is

any misuse of such development permit.

4. This Court is of the view that such decision

to deny the development permit cannot be taken by

the Panchayat Committee. If there is any misuse of

development permit, they are free to take action and

report the matter before the competent authority.

Accordingly, Ext.P4 is quashed. A fresh decision shall

be taken by the competent authority, strictly in

accordance with the rules, within a period of one

month.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv WP(C).No.25433 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE MULAKKUZHA VILLAGE DATED 16-09-

EXHIBIT P2 THE TRUE COPY OF THE LOCATION SKETCH ISSUED FROM THE MULAKKUZHA VILLAGE DATED 16-09-

EXHIBIT P3 THE TRUE COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT DATED 10-08-2020

EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 6- 11-2020

EXHIBIT P5 THE TRUE COPY OF A DEVELOPMENT PERMIT ISSUED BY THE AALA GRAMA PANCHAYATH DATED 22-11-2019

EXHIBIT P6 THE TRUE COPY OF THE TRANSIT PASS ISSUED BY THE 2ND RESPONDENT DATED 2-11-2020

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE