Radhakrishnan K.B vs Sreekala V.G
2021 Latest Caselaw 13284 Ker

Citation : 2021 Latest Caselaw 13284 Ker
Judgement Date : 24 June, 2021

Kerala High Court

Radhakrishnan K.B vs Sreekala V.G on 24 June, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
      THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                     CON.CASE(C) NO. 814 OF 2021
  AGAINST THE ORDER/JUDGMENT IN WP(C) 1379/2020 OF HIGH COURT OF
                          KERALA, ERNAKULAM
PETITIONER:

          RADHAKRISHNAN K.B
          AGED 60 YEARS
          S/O.BALAN NAIR, KALLAT HOUSE, 14/523, KUTOOR, THRISSUR
          680 013.

          BY ADV RAJIT



RESPONDENTS:

          SREEKALA V.G.
          AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
          PRESENTLY WORKING AS THE SECRETARY, KOLAZHY GRAMA
          PANCHAYAT, THIROOR PO, M.G.KAVU, THRISSUR 680 010




          SRI SANTHOSH P PODUVAL SC



THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CON.CASE(C) NO. 814 OF 2021
                                          2



                                   JUDGMENT

This Court vide judgment dated 05.02.2020 disposed of

the writ petition with the following order:

"The petitioner in the instant case has assailed Ext.P4 communication dated 22.07.2019 issued by the 3rd respondent - Secretary, Kolazhy Grama Panchayath, refusing to grant the Building Permit as per the reason that the petitioner do not produce the development permit.

2. Learned counsel for the petitioner submits that petitioner had purchased a small peace of land i.e., 2.03 Ares, as per Ext.P1 sale deed no.2454/2013 and had been paid the tax as reflected from Ext.P2 receipt dated 25.05.2019. Pursuant to the sale deed that had also been put into possession as per Ext.P3 possession certificate dated 11.12.2019. The reason for refusing or not entertaining the application for issuance of the building permit is totally against the dictum of the decision rendered by this Court in Nafeesa and another Vs.Chavakkad Municipality and Others [2018 (3) KLT 1] and in P.B.Babu Vs.State of Kerala and Others [W.P.(C) No.4853 of 2016].

3. Learned Standing Counsel for the Grama Panchayat submits that the development permit is an indeed requisite for the purpose of issuing the building permit. Rightly so, the Secretary of the Grama Panchayat did not issue the building permit.

Having heard the counsel for the parties, I am of the view that the case of the petitioner is required to be considered by the Secretary of the Grama Panchayat, strictly CON.CASE(C) NO. 814 OF 2021

as per the decision rendered in Nafeesa and Babu (supra), after affording an opportunity of being heard the petitioner in accordance with law, but not later than two months from the date of receipt of a certified copy of the judgment.

This writ petition stands disposed of."

2. Willful disobedience of the aforementioned order has

been assailed by placing on record Annexure-2 an order dated

08.02.2021 on the ground that the reasoning assigned in the

order is not in consonance with the direction, particularly the

directions contained in the judgment referred to in the

aforesaid order, as the provisions of Rule 31(1)(c) of Clause 10

of the Kerala Panchayath Building Rules amended vide order

dated 24.09.2019 would not be applicable.

I have heard the learned counsel for the petitioner and

appraised the paper book and I am of the view that the

grievance so expressed in this petition does not amount to