Kerala High Court
Pratheesh S vs The State Of Kerala on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 10072 OF 2022
PETITIONER:
PRATHEESH S.
AGED 36 YEARS
S/O.SETHUMADHAVAN, PRATHAB NAGAR,
KUDUVAYOOR.P.O,
PALAKKAD,PIN-675501.
BY ADV K.K.RAJEEV
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2 KODUVAYOOR GRAMA PANCHAYATH,
KODUVAYOOR.P.O, PALAKKAD,
PIN-675501,REPRESENTED BY THE SECRETARY.
3 THE SECRETARY
KODUVAYOOR GRAMA PANCHAYATH,KODUVAYOOR.P.O,
PALAKKAD,PIN-675501.
BY ADVS.
K.RAVI (PARIYARATH)
A.V.RAVI
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.10072/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.10072 of 2022
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Dated this the 09th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or order or direction
directing the respondents 2 & 3 to transfer
Exhibit P2 Building Permit in favor of the
petitioner as requested vide Exhibit P-5 forthwith.
ii. To call for the records relating to this case from
the respondents No. 2 & 3.
iii. To issue such other order or direction as this
Honourable Court may deem fit and proper to
grant in the facts and circumstances including
cost of this case.
(SIC)
2. Petitioner purchased an extent of 0.0238 hectors of
land in Re.Sy.No.682/63 in Koduvayoor Village, Koduvayoor
Panchayat along with the building permit issued from the 3 rd
respondent dated 13.11.2017 by executing Sale Deed
No.963/2/2020 dated 18.03.2020 of Palakkad Sub Registrar
Office from one Khalid Muhammed. Et.P1 is the sale deed.
W.P.(C).No.10072/2022
Ext.P2 is the existing building permit issued by the Panchayat
in the name of predecessor of the petitioner. It is the case of
the petitioner that he effected mutation of the property and
paid necessary land tax also at the Village Office, Koduvayoor.
On effecting mutation, the Village Officer issued Ext.P3
possession certificate to the petitioner. Ext.P4 is the tax
receipt. After effecting mutation, as per Ext.P5, the petitioner
requested the 3rd respondent to transfer Ext.P2 building
permit in his favour so as to commence / continue the work
and to complete construction of the building. Ext.P6 is the
receipt. It is the case of the petitioner that Ext.P5 application
for transfer of building permit was submitted as early as on
24.02.2021 before the Panchayat. Even after one year, Ext.P5
is not considered and hence this writ petition.
3. Heard the learned counsel for the petitioner,
learned Government Pleader and also the learned counsel for
respondents 2 and 3.
4. The learned counsel for the petitioner reiterated his
contentions in the writ petition. The learned counsel for
respondents 2 and 3 submitted that Ext.P5 was duly replied by
W.P.(C).No.10072/2022
the Panchayat. The counsel also submitted that the original
permit issued to the predecessor of the petitioner was in
violation of the statutory provisions. Disciplinary proceedings
are initiated against the person who issued the original permit.
A Vigilance Squad detected that there is malpractice in issuing
the building permit. In such circumstances, the transfer is not
effected. A counter affidavit is also filed by respondents 2 and 3.
5. This Court considered the contentions of the
petitioner and the respondents. It is an admitted fact that the
petitioner purchased the property as evident by Ext.P1. It is
also an admitted fact that the building permit is now in the
name of the predecessor in interest of the petitioner. It is also
an admitted fact that the petitioner submitted an application for
transfer of the existing building permit in his name. The stand
taken by the Panchayat is that the person who issued building
permit has committed certain mistakes and disciplinary
proceedings are initiated against him. For that purpose, the
petitioner need not suffer. It is an admitted fact that the
building permit is not cancelled as on today. If that is the case,
the request of the petitioner to transfer the building permit in
his name can be considered. If any action is taken by the
W.P.(C).No.10072/2022
Panchayat in future against the real culprit, the transfer will be
subject to any consequential order to be passed at that time.
Anyway, the petitioner need not suffer because of the illegality
committed by the then officer and the predecessor in interest of
the property from whom the petitioner purchased the property.
Therefore, the building permit can be transferred in the name of
the petitioner subject to the final decision in the disciplinary
proceedings, if any, taken against the officer concerned, as
stated by the Panchayat.
Therefore, this writ petition is disposed of in the following
manner:
The 3rd respondent is directed to consider
Ext.P5 and transfer the building permit in the
name of the petitioner if it is otherwise in order,
as expeditiously as possible, at any rate, within
three weeks from the date of receipt of a copy of
this judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.10072/2022
APPENDIX OF WP(C) 10072/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED
NO.963/2/2020 DATED 18.03.2020 OF
PALAKKAD SUB REGISTRAR OFFICE.
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT
NO.A4/BP/4932/2017 ISSUED BY THE
RESPONDENT PANCHAYATH
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER,KODUVAYOOR.
Exhibit P4 TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2020-21 ISSUED BY THE VILLAGE
OFFICER, KODUVAYOOR DATED 30.07.2020
Exhibit P5 TRUE COPY OF THE REQUEST DATED
24.02.2021 FILED BY THE PETITIONER TO
THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE RECEIPT DATED
24.02.2021 ISSUED FROM THE PANCHAYATH
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) COPY OF THE COMMUNICATION RECEIVED BY
THE 3RD RESPONDENT, FROM THE OFFICE OF
HTE ASSISTANT ENGINEER, LSGD SECTION,
KODUVAYOOR, DATED 25.01.21
EXHIBIT R3(B) COPY OF HTE LETTER ISSUED FROM THE
OFFICE OF THE CHIEF ENGINEER, LSGD,
THIRUVANANTHAPURAM, AONG WITH MEMO OF
CHARGES AND STATEMENT OF ALLEGATIONS,
SERVED ON THE SMT.ANUSHA R, THE
ASSISTANT ENGINEER, IN CONNECTION WITH
THE ISSUANCE OF BUILDING PERMIT TO
KHALID, DATED 03.01.20
EXHIBIT R3(C) COPY OF THE COMMUNICATION ISSUED AT
THE INSTANCE OF THE 3RD RESPONDENT, TO
THE PETITIONER, INTIMATING HIM ABOUT
THE NON PROCESSING OF HIS APPLICATION,
SEEKING TRANSFER OF BUILDING PERMIT,
W.P.(C).No.10072/2022
DATED 10.03.21
EXHIBIT R3(D) COPY OF THE COMMUNICATION SENT TO THE
DEPUTY DIRECTOR OF PANCHAYAT,
PALAKKAD, AT HTE INSTANCE OF THE 3RD
RESPONDENT, INTIMATING THE AUTHORITY,
ABOUT THE NON PROCESSING OF
PETITIONER'S APPLICATION FOR TRANSFER
OF BUILDING PERMIT, DATED 07.10.21
