Vavachan Joseph vs The State Of Kerala
2021 Latest Caselaw 13807 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                                WP(C) NO. 7565 OF 2021
PETITIONER:

              VAVACHAN JOSEPH
              AGED 60 YEARS
              S/O.LATE JOSEPH, KALAMPATTEL HOUSE, THIRUVILWAMALA,
              KANNIYARKODE, THRISSUR-680 594.

              BY ADV RAJIT



RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

     2        THIRUVILWAMALA GRAMA PANCHAYAT,
              THIRUVILWAMALA P.O., THRISSUR-680 588.

     3        THE SECRETARY, THIRUVILWAMALA GRAMA PANCHAYAT,
              THIRUVILWAMALA P.O., THRISSUR-680 588.

              BY ADVS.
              BRIJESH MOHAN
              R.RAJPRADEEP
              GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL




     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                 W. P. (C) No.7565 of 2021
            ==================
             Dated this the 2nd day of July, 2021

                          JUDGMENT

The petitioner is the owner of 5.607 cents

equivalent to 2.27 Ares of property. He intends to put up a residential building thereon. According to

the petitioner, though he submitted a building

permit application, the same is not being

considered by the third respondent for non-

obtaining of a development permit.

2. The petitioner contends that no development

activity is contemplated by him and that the

insistence for a development permit is unjustified.

This Court has in a series of decisions [Nafeesa &

Anr. v. Chavakkad Municipality & Anr. (ILR 2018 (3) Ker. 228),

Nenmanikkara Grama Panchayat v. Nixon 2020 (4) KLT 627, W.P.(C)

Nos.23281/2011 and 30241/2016] held that, unless a

developmental activity in terms of the rules is

proposed, there is no requirement for the holder of

a plot of land to obtain a development permit to W. P. (C) No.7565 of 2021

secure a building permit for construction thereon.

In the case at hand, all that the petitioner

proposes is to put up a residential house.

Therefore, obtaining a development permit is not

necessary. The learned Standing Counsel appearing

for the Panchayat submits that even the Secretary

did not insist for a development permit, but had

only sought for a clarification.

Accordingly, the writ petition is disposed of

directing the third respondent to consider the

building permit application submitted by the

petitioner, without insisting for a development

permit, and pass orders thereon in accordance with

law, within a 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 APPENDIX OF WP(C) 7565/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1403/2020 OF SRO PAZHAYANNUR DATED 03.12.2021.

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE KANIYARCODE VILLAGE OFFICE DATED 15.01.2021.

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 06.02.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE SAID JUDGMENT DATED 21.03.2017 IN WP9C0 NO.30241/2016 OF THIS HON'BLE COURT.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WPC NO.23281/2011.

-----