Vipin A.V vs The Vallathol Nagar Grama ...
2022 Latest Caselaw 8889 Ker

WP(C) NO. 12797 OF 2022            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(C) NO. 12797 OF 2022
PETITIONER/S:

               VIPIN A.V.,
               AGED 30 YEARS
               S/O.A.G.VELUKUTTY, ALLANCHERI HOUSE, SHORANUR-679
               121, PALAKKAD DISTRICT.

               BY ADV BINOY VASUDEVAN



RESPONDENT/S:

      1        THE VALLATHOL NAGAR GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
               CHERUTHURUTHY P.O., THRISSUR DISTRICT-679 531.

      2        THE SECRETARY,
               VALLATHOL NAGAR GRAMA PANCHAYAT, PANCHAYAT OFFICE,
               CHERUTHURUTHY P.O., THRISSUR DISTRICT-679 531.

               BY ADV P.C.SASIDHARAN




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12797 OF 2022               2




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.12797 of 2022
                       --------------------------------------
                   Dated this the 7th day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

i. Issue a writ of certiorari or other appropriate writs, orders or directions to call for the records leading upto Ext P4 and to quash the same;

ii. Issue a writ of mandamus or other appropriate writs, orders or directions commanding the 2nd respondent to consider the application for building permit submitted by the petitioner without insisting for a development permit as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court.

iii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.[sic]

2. The petitioner is the absolute owner and in possession

of a parcel of land in Cheruthuruthy and Nedumpara Village of

Thalappilly Taluk in Thrissur District. He submitted an

application for building permit before the 2nd respondent. The 2nd

respondent by communication dated 4.1.2022 directed the

petitioner to produce a development permit. The contention of

the petitioner is that the same is not necessary in view of the

law laid down by this Court in Nafeesa v. Chavakkad

Municipality [2018 (3) KLT 1] which is confirmed by the

Division Bench in Panjal Grama Panchayat v. Aneesh [2022

(2) KLT 653]. Ext.P6 is the judgment. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the Panchayat.

4. The counsel appearing for the Panchayat submitted

that the point raised is covered in favour of the petitioner in

Ext.P6 judgment. In the light of the same, nothing survives in

this case.

Therefore, this writ petition is allowed in the following

manner :

1) Ext.P4 is quashed.

2) There will be a direction to the 2 nd respondent to consider

the application for building permit submitted by the

petitioner without insisting for a development permit as

expeditiously as possible, at any rate within one month

from the date of receipt of a copy of this judgment.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 12797/2022

PETITIONER EXHIBITS

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 25.03.2022 IN W.A.NO.185 OF 2022.

Exhibit P1 TRUE COPY OF DOCUMENT NO.481/21 OF SRO WADAKKANCHERRY DATED 09.02.2021.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05.07.2021 ISSUED BY THE VILLAGE OFFICER CHERUTHURUTHY AND NEDUMPURA VILLAGE.

Exhibit P3 TRUE COPY OF THE LAND TAX DATED 01.07.2021 ISSUED BY THE VILLAGE OFFICER CHERUTHURUTHY AND NEDUMPURA VILLAGE.

Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.400683/BPRL01/GEENRAL2021/6514(2) ISSUED BY THE 2ND RESPONDENT DATED 04.01.2022.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25.02.2022 IN WPC NO.26019 OF 2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 25.03.2022 IN WA NO.185 OF 2022.