K.T.Joseph vs Vazhappally Grama Panchayath
2022 Latest Caselaw 392 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                          W.P.(C) NO.814 OF 2022
PETITIONER:

              K.T.JOSEPH,
              AGED 73 YEARS, S/O. THOMAS,
              KANIYANTHRA PUTHUPARAMBIL HOUSE,
              PAIPPADU VILLAGE, PALLICKACHIRA KAVALA P.O,
              CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN-686 537.

              BY ADVS.
              M.P.MADHAVANKUTTY
              MATHEW DEVASSI


RESPONDENTS:

     1        VAZHAPPALLY GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,
              VAZHAPPALLY GRAMA PANCHAYATH OFFICE, KURISHUMMOOD,
              CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 104.

     2        SECRETARY,
              VAZHAPPALLY GRAMA PANCHAYATH OFFICE, KURISHUMMOOD,
              CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 104.

     3        TAHSILDAR (LAND RECORDS),
              CHANGANACHERRY TALUK, KACHERI ROAD, CHANGANACHERRY,
              KOTTAYAM DISTRICT, PIN-686 101.

     4        VILLAGE OFFICER,
              VAZHAPPALLY WEST VILLAGE OFFICE, VAZHAPPALLY,
              CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 103.

              SMT.VINITHA B., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.814 OF 2022
                                    -2-

                              JUDGMENT

This writ petition is filed seeking directions to the

respondents to issue building permit to the petitioner on an

application submitted by him.

2. Heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner submits that the

petitioner and one P.T.Mathew are the owners in possession and

enjoyment of 39 Ares 55 square meters in Survey No.216/3 and

25 square meters of property in Survey No.216/4 in Block No.IV

of Vazhappally West Village in Changanacherry Taluk. It is

submitted that the petitioners and the co-owner had purchased

the property by Ext.P1 sale deed. It is stated that Ext.P4 order

had been passed by the 3rd respondent Tahasildar (Land

Records) with regard to the portion of the property which had

been shown as nilam. It is submitted that the petitioner had

submitted an application for building permit on 18.01.2020.

However, the respondents are refusing to consider the same on

the ground that a portion of the property is still retained as

nilam in the revenue records.

W.P.(C) NO.814 OF 2022

4. The learned counsel for the petitioner submits that the

petitioner is prepared to appear before the Secretary of the

Panchayat, with all relevant records and that the application

may be considered after hearing the petitioner also.

There will, accordingly, be a direction to the 2nd respondent

to take up the application submitted by the petitioner for

building permit and to consider and pass orders on the same,

after hearing the petitioner through any appropriate means

including video conferencing. The petitioner shall be free to

produce all the documents relied on by him before the 2 nd

respondent for a proper consideration of the application.

Appropriate orders shall be passed on the application submitted

by the petitioner, within three weeks from the date of receipt of a

copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.814 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 20.04.2004 BEARING NO.1239/04 OF SUB REGISTRAR'S OFFICE, CHANGANACHERRY.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 02.08.2003 BEARING NO. B.4874/02/K.DIS ISSUED BY REVENUE DIVISIONAL OFFICER, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 17.03.2020 IN W.P(C) NO.7815/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE DATED 30.10.2020 BEARING NO.B7-2786/2020 PASSED BY THE TAHASILDAR (LAND RECORDS), CHANGANACHERRY.

EXHIBIT P5 TRUE COPY OF THE SURVEY SKETCH HAVING FILED NO.

216/3,3-2,3-3 IN BLOCK NO.4 PREPARED BY THE SURVEY DEPARTMENT ALONG WITH ITS LEGIBLE COPY.

EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 05.11.2020 IN THANDAPPER NO.412 BEFORE THE VAZHAPPALLY WEST VILLAGE OFFICE.

EXHIBIT P7 TRUE COPY OF THE REPLY FROM THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH DATED 27.01.2021 BEARING NO.AB/426/2020.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION BEFORE THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH DATED 10.02.2021.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 12.10.2021 FROM THE OFFICE OF THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 25.10.2021 TO THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH ISSUED BY THE TAHSILDAR (LR), CHANGANACHERRY.