Omana vs The State Of Kerala
2021 Latest Caselaw 14253 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 8TH DAY OF JULY 2021/17TH ASHADHA, 1943
                     WP(C) NO. 18057 OF 2020


PETITIONER:

         OMANA, W/O.SASI, AGED 53 YEARS,
         KUNNATHUPARAMBIL HOUSE,
         MUKUNDAPURAM TALUK, PULLURE VILLAGE,
         PULLURE DESOM, THRISSUR DISTRICT.

         BY ADV C.DHEERAJ RAJAN


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         LOCAL SELF GOVERNMENT DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2    THOLUR GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY,
         DOOR NO.459, KOLATHAD ROAD, THOLUR,
         PARAPPUR, KERALA-680 552,
         THRISSUR DISTRICT.

    3    THE SECRETARY, THOLUR GRAMA PANCHAYAT,
         DOOR NO.459, KOLATHAD ROAD, THOLUR,
         PARAPPUR, KERALA-680 552,
         THRISSUR DISTRICT.

         BY GOVERNMENT PLEADER SMT.G.RANJITA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.18057/2020

                                2




                          JUDGMENT

Dated this the 8th day of July, 2021

The petitioner has approached this Court seeking to

quash Ext.P4 order issued by the 3 rd respondent-Secretary

to Panchayath to the extent it requires the petitioner to

produce the development permit for issuance of building

permit.

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that this

Court has, in the judgment in Nafeesa v. Chavakkad

Municipality [2018 (3) KLT 1], held in similar

circumstances that insistence of development permit is

uncalled for. The learned counsel for the petitioner would

submit that the said judgment will squarely apply to the

case of the petitioner.

WP(C) No.18057/2020

3. The learned counsel for the 2nd respondent-

Panchayat submitted that the panchayat is ready to

reconsider the issue in the light of the judgment of this

Court in 2018(3) KLT 1 as well as Ext.P5 judgment.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to reconsider the application of

the petitioner for building permit, in the light of the judgment

of this Court in Nafeesa's case and Ext.P5, within a period

of three weeks. To enable the respondents 2 and 3 to

reconsider the issue, Ext.P4 is set aside.

Sd/-

N. NAGARESH JUDGE ncd/08.07.2021 WP(C) No.18057/2020

APPENDIX OF WP(C) 18057/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1287/2016 OF SRO MUNDUR

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 15.06.2020

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE

EXHIBIT P4 TRUE COPY OF THE LETTER NO. A4-

2106/2020 DATED 19.08.2020

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 10.04.2013 IN WPC NO.20204/2012