Kerala High Court
George Paul vs Muriyad Gramapanchayat on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16772 OF 2022
PETITIONER:
GEORGE PAUL,
AGED 68 YEARS,
NANGINI HOUSE, AVITTATHUR, MURIYAD P.O.,THRISSUR
DISTRICT, PIN 680683.
BY ADV P.V.PAULSON
RESPONDENTS:
1 MURIYAD GRAMAPANCHAYAT,
MURIYAD P.O. THRISSUR DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN 680683.
2 THE SECRETARY,
MURIYAD GRAMAPANCHAYAT, MURIYAD P.O., THRISSUR
DISTRICT, PIN 680683.
SMT.P.R.REENA, SC, MURIYAD GRAMAPANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16772 OF 2022 2
JUDGMENT
Dated this the 31st day of May, 2022
The petitioner, who is the owner in possession of 3 Ares
57 Square Metres of land in Mukundapuram Taluk of Thrissur
District, is aggrieved by Ext.P5 communication of the 2 nd
respondent-Secretary to the 1st respondent-Grama Panchayat.
2. The petitioner wanted to make certain construction in
his land. The petitioner submitted an application for Building
Permit. The Secretary to the Panchayat issued Ext.P5
communication on 12.05.2022 stating that the application for
Building Permit can be considered only on producing
Development Permit as provided under Rule 31(1) of the Kerala
Panchayat Building Rules. It is aggrieved by the said
communication that the petitioner is before this Court.
3. I have heard the learned counsel for the petitioner and
the learned Standing Counsel representing the respondents.
4. A Division Bench of this Court considered the
requirements of issuance of the Development Permit for the
purpose of obtaining Building Permit, in the judgment reported in
Panjal Grama Panchayat, Thrissur and another v. Aneesh P.
[2022 (2) KLT 653]. This Court held that the Development
Permit contemplated under the Rules is required only when
activities as envisaged under the definition of 'Developer' and
'Development of land' take place. The petitioner in this case
does not propose to develop the land.
5. In the circumstances, the issue involved is squarely
covered by the Division Bench judgment of this Court in Panjal
Grama Panchayat, Thrissur and another (Supra).
The writ petition is, therefore, allowed. Ext.P5
communication of the Secretary to the Panchayat is set aside.
The respondents are directed to consider the Building Permit
application submitted by the petitioner without insisting for
production of Development Permit, in the light of the Division
Bench judgment of this Court referred to above.
Sd/-
N. NAGARESH, JUDGE
DSV/31.05.2022
APPENDIX OF WP(C) 16772/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1447/2014
OF IRINJALAKKUDA SRO DATED 16.06.2014.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE VILLAGE OFFICER, PULLUR FOR THE
PERIOD 2022 -2023 DATED 13.04.2022.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, PULLUR
DATED 05.05.2016.
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGE RECEIPT
ISSUED BY THE 1ST RESPONDENT PANCHAYAT
DATED 26.04.2022.
Exhibit P5 TRUE COPY OF THE LETTER NO.
400725BPRL02/GA/2022/435(1) ISSUED BY
THE 2ND RESPONDENT DATED 12.05.2022.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P. (C)
24060/2017 OF THE HON'BLE HIGH COURT OF
KERALA DATED 16.02.2018.
Exhibit P7 TRUE COPY OF THE CIRCULAR NO. 855246
RB/LSG DATED 29.04.2017 ISSUED BY THE
SECRETARY, STATE OF KERALA, DEPARTMENT
OF LOCAL ADMINISTRATION.
Exhibit P8 TRUE COPY OF THE CIRCULAR NO. C5-
25750/2010 DATED 05.05.2017 ISSUED BY
THE DIRECTOR OF PANCHAYAT TO THE DEPUTY
DIRECTORS.
RESPONDENTS' EXHIBITS: NIL
