Navin Kumar vs Kolazhy Grama Panchayat
2021 Latest Caselaw 9091 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.5091 OF 2021(J)


PETITIONERS:

      1        NAVIN KUMAR
               AGED 42 YEARS
               S/O A.K. PRABHAKARAN,
               ARAKKAL HOUSE, ROYAL,
               KUTTANELLUR,
               THRISSUR, PIN-680014.

      2        GOPIKA NAVIN KUMAR
               W/O NAVIN KUMAR,
               ARAKKAL HOUSE, ROYAL, KUTTANELLUR, THRISSUR, PIN-
               680014.

               BY ADV. SRI.RANJITH XAVIER

RESPONDENTS:

      1        KOLAZHY GRAMA PANCHAYAT
               MULAMKUNNATHUKAVU P.O.,
               THRISSUR-680581,
               REPRESENTED BY ITS SECRETARY.

      2        SECRETARY
               KOLAZHY GRAMA PANCHAYATH, MULAMKUNNATHUKAVU.P.O.,
               THRISSUR-680581.

               R1-2 BY ADV. SHRI.SANTHOSH P.PODUVAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5091 OF 2021(J)

                                       2


                         Sathish Ninan, J.
                  ==============================
                      W.P.(C) No.5091 of 2021
                    ==========================
              Dated this the 18th day of March, 2021

                                 JUDGMENT

The application submitted by the petitioners for

building permit was kept aside by the second respondent

requiring the petitioners to obtain a development

permit. The petitioners jointly hold 0.4 Ares in RS 36/1

and 10.99 Ares in 38/1 purchased under a sale deed of

the year 2012. Relying on the judgment of this Court in

(2018(3) KLT 1) Nafeesa and Another v Chavakad

Municipality and Others, the learned counsel for the

petitioners contends that the construction does not

involve development as envisaged under Rule 2(1)(ae) of

the Kerala Panchayath Building Rules. In the judgment

referred to, this Court has held that mere sub

divisioning of land for a sale simplicitor, of a smaller

portion of the property from a larger extent, will not

attract the definition of "development of land"

necessitating obtaining of a development permit. WP(C).No.5091 OF 2021(J)

In the light of the above, the writ petition is

disposed of directing the second respondent to consider

the application for building permit submitted by the

petitioners, without insisting on a development permit.

Orders shall be passed as expeditiously as possible and

at any rate within a period of one month from the date

of receipt of a copy of this judgment.

                           Sd/-       Sathish Ninan, Judge

  vdv
 WP(C).No.5091 OF 2021(J)




                             APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1          TRUE COPY OF BASIC TAX RECEIPT DATED

28/12/2020 ISSUED TO THE PETITIONERS BU POTTORE VILLAGE OFFICE.

EXHIBIT P2 TRUE PRINTOUT OF THE DIGITAL APPLICATION FOR BUILDING PERMIT UPLOADED BY THE PETITIONERS ON 16.02.2021.

EXHIBIT P3 TRUE COPY OF THE INTIMATION DATED 24.02.2021 ISSUED BY KOLAZHY GRAMA PANCHAYAT.