Najma Shamsudeen vs Pazhayannur Grama Panchayat
2022 Latest Caselaw 3379 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                         WP(C) NO.8754 OF 2022
PETITIONER :-

             NAJMA SHAMSUDEEN, AGED 26 YEARS
             W/O.SHAMSUDEEN, NARAYATHU PARAMBIL HOUSE,
             ELANAD P.O., ELANAD VILLAGE,
             THRISSUR DISTRICT, PIN - 680 586.

             BY ADVS.
             K.I.ABDUL RASHEED
             DEEPA SASIDHARAN


RESPONDENTS :-

      1      THE PAZHAYANNUR GRAMA PANCHAYAT
             PAZHAYANNUR P.O., THRISSUR DISTRICT,
             REPRESENTED BY ITS SECRETARY, PIN - 680 587.

      2      THE SECRETARY
             PAZHAYANNUR GRAMA PANCHAYAT, PAZHANNUR P.O.,
             THRISSUR DISTRICT, PIN - 680 587.

             BY ADV. R. RAJ PRADEEP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.03.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.8754 OF 2022

                                     -: 2 :-


                               JUDGMENT

Dated this the 22nd day of March, 2022

This writ petition is filed seeking the following relief :-

"i) Issue a Writ of Certiorari or any other appropriate writs, order or direction, quashing that part of Ext.P8, which states that Ext.P6 application for building permit filed by the petitioner will be considered subject to the outcome of Ext.P9 Suit pending before the Munsiff's Court, Vadakkanchery.

ii) Issue a writ of Mandamus any other appropriate writs, order or direction, directing the 2nd Respondent to issue building permit as requested in Ext.P6 without relying on the pendency of Ext.P9 Suit before the Munsiff's Court, Vadakkanchery and without waiting for the judgment in the said Suit."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent

Panchayat.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had obtained all requisite

permissions for the operation of a retail petroleum outlet in

the property belonging to the petitioner within the jurisdiction

of the respondent Panchayat. However, the petitioner's

application for building permit has not been considered on the

ground that a suit was pending with regard to the grant of WP(C) NO.8754 OF 2022

permission to the petitioner for conduct of the outlet. It is

submitted that Ext.P8 reply was given to the petitioner

refusing to consider the application for building permit. The

learned counsel for the petitioner submits that there is no

injunction in Ext.P9 suit and that the application for building

permit is liable to be considered in accordance with law,

without reference to the pendency of Ext.P9 suit.

4. The learned Standing Counsel appearing for the

respondents submits that there were defects in the application

submitted by the petitioner and the documents have been

produced by the petitioner only after Ext.P8. It is further

submitted that the suit stands posted to 7.4.2022 and that the

application can be considered subject to the outcome of the

suit.

5. Having considered the contentions advanced, I am

of the opinion that the application submitted by the petitioner

is liable to be considered in accordance with law by the

respondents.

There will, accordingly, be a direction to the

respondents to take up, consider and pass orders on the WP(C) NO.8754 OF 2022

application submitted by the petitioner for building permit

within a period of three weeks from the date of receipt of a

copy of this judgment without reference to the pendency of

the suit. Building permit, if any, granted will, ofcourse, be

subject to the final outcome of the suit.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/25.3.2022 WP(C) NO.8754 OF 2022

APPENDIX OF WP(C) 8754/2022

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE ALLOTMENT NO.

M/2018/IN001740/KER/000030/4201/00020 DATED 8-8- 2019 ISSUED BY INDIAN OIL CORPORATION

ExhibitP2 TRUE COPY OF THE LEASE DEED DATED 03-12-2021

ExhibitP3 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.

DCTSR/9342/2019/C6 DATED 26-05-2021 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE THRISSUR

ExhibitP4 TRUE COPY OF THE CONSENT VARIATION ORDER NO.

PCB/DO/TSR/F/ICE/2865/2021 DATED 22-12-2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD

ExhibitP5 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.

D.5767/2019 DATED 20-10-2019

ExhibitP6 TRUE COPY OF THE APPLICATION FOR PERMIT DATED 8-

12-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

ExhibitP7 TRUE COPY OF THE ORDER NO. TCPTSR/457/2021-C1-

DDIS DATED 27-12-2021 ISSUED BY THE DISTRICT TOWN PLANNER THRISSUR

ExhibitP8 TRUE COPY OF THE LETTER NO. A1-6388/2021 DATED 06-01-2022 ISSUED BY THE 2ND RESPONDENT

ExhibitP9 TRUE COPY OF THE PLAINT IN O.S NO. 440/2021 OF THE MUNISSF'S COURT VADAKKANCHERY FILED BY ONE JOY