Kerala High Court
Divya Reju vs State Of Kerala on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 6494 OF 2022
PETITIONER:
USHA KUMARI
AGED 65 YEARS
D/O. SAVITHRY,
SREE VILASAM, AREEKARA P.O,
ALAPPUZHA DISTRICT PIN 689 505
BY ADVS.
U.JAYAKRISHNAN
P.V.JEEVESH
RESPONDENTS:
1 STATE OF KERALA
THROUGH THE SECRETARY LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2 THE PANCHAYATH DEPUTY DIRECTOR
MM BUILDING, P.O NEAR STONE BRIDGE,
CHUNGAM, ALAPPUZHA KERALA PIN 688 013
3 MULAKUZHA GRAMA PANCHAYATH
MULAKUZHA P.O, ALAPPUZHA
PIN 689 505 REPRESENTED BY ITS SECRETARY
BY ADVS.
N.ASHOK KUMAR
MARIAMMA GEORGE MARANGOLY
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, ALONG WITH WP(C).6532/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)NOs.6494 & 6532 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 6532 OF 2022
PETITIONER:
DIVYA REJU
AGED 31 YEARS
D/O. USHA KUMARI,
VRINDAVANAM, MULAKUZHA P.O.,
CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 505
BY ADVS.
U.JAYAKRISHNAN
P.V.JEEVESH
RESPONDENT:
1 STATE OF KERALA
THROUGH THE SECRETARY LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001
2 THE PANCHAYATH DEPUTY DIRECTOR,
MM BUILDING , P.O. NEAR STONE BRIDGE, CHUNGAM,
ALAPPUZHA, KERALA -688 113
3 MULAKUZHA GRAM PANCHAYATH,
MULAKUZHA P.O., ALAPPUZHA ,
PIN-689 505, REPRESENTED BY ITS SECRETARY
BY ADVS.
N.ASHOK KUMAR
MARIAMMA GEORGE MARANGOLY
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, ALONG WITH WP(C).6494/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)NOs.6494 & 6532 of 2022 3
T.R.RAVI, J.
-----------------------------------------------------------
WP(C)NO.6494 OF 2022 & WP(C)NO. 6532 OF 2022
--------------------------------------------------------------
Dated this the 16th .day of March, 2022
JUDGMENT
The prayer in these writ petitions is for a direction to the
respondents to give development permit and building permit for the
construction of a residential building of the petitioners. The counsel
for the respondents submits that Ext.P1 applications submitted by
the petitioners have not so far been rejected but by Ext.P3
communication, it is stated that owing to certain complaints
regarding removal of earth, the Panchayat has stopped issuance of
development permit. I do not think that there can be a blanket
decision in such matters and decisions will have to be taken on a case
to case basis.
In the above circumstances, the writ petitions are disposed of
directing the respondents to consider and pass orders on Ext.P1
applications submitted by the petitioners for development permit and
building permit on merits. Necessary orders shall be issued within
one month from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
sn
APPENDIX OF WP(C) 6494/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED 15-12-
2018 FOR THE DEVELOPMENT OF THE LAND
Exhibit P2 THE TRUE COPY OF E-FILE RECEIPT OF EXHIBIT P1
APPLICATION
Exhibit P3 THE TRUE COPY OF THE LETTER DATED 17-05-2019
RESPONDENT'S EXHIBITS : NIL
APPENDIX OF WP(C) 6532/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED
16.11.2020, FOR THE DEVELOPMENT OF THE LAND
Exhibit P2 THE TRUE COPY OF ACKNOWLEDGMENT RECEIPT,
DATED 16.11.2020, OF EXHIBIT P1 APPLICATION
Exhibit P3 THE TRUE COPY OF THE APPLICATION DATED
15.12.2018 FOR A BUILDING PERMIT, PREFERRED
BY THE PETITIONER
Exhibit P4 THE TRUE COPY OF THE LETTER DATED 22.11.2021
BY THE 3RD RESPONDENT
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
