Unnikrishna Pillai vs Kunnathur Grama Panchayath
2022 Latest Caselaw 6830 Ker

WP(C) NO. 6175 OF 2022                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                               WP(C) NO. 6175 OF 2022
PETITIONER/S:

               UNNIKRISHNA PILLAI
               AGED 59 YEARS
               S/O KUNJAN PILLAI, SARANYALAYAM, AMBALATHUMBHAGAM
               MURI, PORIVAZHY, KOLLAM DISTRICT., PIN - 690520

               BY ADV K.V.ANIL KUMAR


RESPONDENT/S:

      1        KUNNATHUR GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY,
               PUTHENAMBALAM P.O., SASTHAMCOTTA,
               KOLLAM DISTRICT., PIN - 691553

      2        THE SECRETARY,
               KUNNATHUR GRAMA PANCHAYATH, PUTHENAMBALAM P.O.,
               SASTHAMCOTTA,
               KOLLAM DISTRICT.
               , PIN - 691553

               BY ADVS.
               K.P.SATHEESAN (SR.)
               P.MOHANDAS (ERNAKULAM)
               K.SUDHINKUMAR
               S.K.ADHITHYAN
               SABU PULLAN
               GOKUL D. SUDHAKARAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.06.2022,         THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6175 OF 2022                    2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 6175 of 2022
                     --------------------------------------
                 Dated this the 14th day of June, 2022


                                        JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider the petitioner's building/development permit application dated 3.3.2021 and take a decision immediately within a time frame and

ii. Grant such other reliefs to the petitioner, as this Hon'ble Court may deem fit, in the interest of justice." [SIC]

2. The main grievance of the petitioner is that the

respondents are not considering the building/development

permit application dated 3.3.2021.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent Nos.1 and 2.

4. The learned counsel for the petitioner reiterated his

contentions in this writ petition. The learned counsel

appearing for the Panchayat submitted that there are certain

defects which are to be cured by the petitioner and

immediately after curing the defects, the building permit will

be considered in accordance to law.

5. In the light of the above submission, I think this writ

petition can be disposed allowing the petitioner to cure the

defects if any pointed out by the respondents and if he has got

a defence that there is no defect, that also can be bring to the

notice of the respondent-Panchayat within a time frame, so

that the Panchayat can take a decision in the building permit

application immediately.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to submit his explanation to

Ext.R2(a) within three weeks from the date of receipt of a

copy of this judgment.

2) Once the explanation to Ext.R2(a) is received, the 2 nd

respondent will consider the explanation submitted by the

petitioner and take a final decision in the building permit

application dated 3.3.2021 as expeditiously as possible,

at any rate, within one month from the date on which the

explanation is received.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 6175/2022

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 12.03.2021 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR.

Exhibit-P2 A TRUE COPY OF THE POSSESSION CERTIFICATE AND LOCATION SKETCH 16.03.2021 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR.

Exhibit-P3 A TRUE COPY OF THE BUILDING AND DEVELOPMENT PLANS SUBMITTED FOR GETTING PERMIT.

Exhibit-P4 A TRUE COPY OF THE RECEIPT DATED 03.03.2021 ISSUED FROM THE 1ST RESPONDENT.

Exhibit-P5 A TRUE COPY OF THE ORDER DATED 09.03.2021 ISSUED BY THE DEPUTY DEWASAM COMMISSIONER, THIRUVITHAMCORE DEWASAM BOARD.

RESPONDENT EXHIBITS

Exhibit R2 A TRUE COPY OF THE REPORT GIVEN BY THE ASSISTANT ENGINEER, KUNNTHOOR GRAMA PANCHAYATH DATED 29/4/2021

Exhibit R2 B TRUE COPY OF THE LETTER NO.A4-2880/21 DATED 3/5/2021 GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER