Sophin Varghese vs The State Of Kerala
2022 Latest Caselaw 10892 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                         WP(C) NO. 26095 OF 2022
PETITIONERS

     1        SOPHIN VARGHESE,
              AGED 36 YEARS
              S/O VARGHESE, PERMANENT RESIDENT AT ARAKKAL HOUSE,
              KANAYANNUR TALUK, KUMBALAM VILLAGE, CHATHAMMA DESOM,
              PANANGAD PO, ERNAKULAM - 682506.
     2        SELVIN VARGHESE,
              AGED 34 YEARS, S/O VARGHESE,
              PERMANENT RESIDENT AT ARAKKAL HOUSE, KANAYANNUR TALUK,
              KUMBALAM VILLAGE, CHATHAMMA DESOM, PANANGAD PO,
              ERNAKULAM - 682506.
              BY ADVS.
              E.ADITHYAN
              MEERA RAMESH
              TREESA MANJILA
RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              LOCAL SELF GOVERNMENT DEPARTMENT,
              THIRUVANANTHAPURAM-695 001.
     2        KUMBALAM GRAMA PANCHAYATH
              REPRESENTED BY SECRETARY PANCHAYATH OFFICE,
              PANAGAD- 682506.
     3        SECRETARY, KUMBALAM GRAMA PANCHAYATH,
              PANCHAYATH OFFICE, PANAGAD- 682506.

              BY ADVS.
              S.SHANAVAS KHAN   - R2 & R3
              S.INDU
              SMT.VIDYA KURIAKOSE GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.26095 OF 2022
                                    2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The petitioners are before this Court seeking to direct the

2nd respondent to consider and pass orders on Exts.P5 and P6

applications in a time bound manner.

2. Exts.P5 and P6 applications request the Secretary

to the Grama Panchayat to issue Land Development Permit

for construction of a building in the petitioners' land.

3. Standing Counsel for respondents 2 and 3 would

submit that Exts.P5 and P6 are only representations and the

petitioners have to make appropriate application in the

prescribed form under Rule 6 of the Kerala Panchayat Building

Rules for obtaining Development Permit. If such an application

is received, respondents 2 and 3 can consider the same and

pass appropriate orders, in accordance with law.

In view of the statements as made above, the writ

petition is disposed of permitting the petitioners to submit WP(C) NO.26095 OF 2022

appropriate application for Development Permit in the

prescribed form supported by all requisite documents and

paying the prescribed fee, if any. If the petitioners submit such

an application, respondents 2 and 3 shall consider the same

on merits, as expeditiously as possible.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.26095 OF 2022

APPENDIX OF WP(C) 26095/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE FIRST PETITIONER.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN THE NAME OF THE FIRST PETITIONER.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE SECOND PETITIONER.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN THE NAME OF THE SECOND PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION FOR LAND DEVELOPMENT PERMIT FORWARDED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT DATED 22-07-2021.

Exhibit P6 TRUE COPY OF THE APPLICATION FOR LAND DEVELOPMENT PERMIT FORWARDED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT DATED 22-07-2021.