Jisy Mathew vs Vakathanam Grama Panchayat
2023 Latest Caselaw 4657 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          WP(C) NO. 13134 OF 2023
PETITIONER:

             JISY MATHEW
             AGED 40 YEARS
             WIFE OF SRI. BINO M MATHEW, THEKKEPARAMBIL
             HOUSE,KUZHIMATTAM , PANACHIKKADU, KUZHIMATTAM P.O,
             KOTTAYAM DISTRICT KERALA, PIN - 686 533.

             BY ADVS.
                  LUKE J CHIRAYIL
                  ELSA MARY THOMAS
                  AMAL JOSE
                  JASNI JALAL


RESPONDENTS:

       1     VAKATHANAM GRAMA PANCHAYAT
             VAKATHANAM, VAKATHANAM P.O., KOTTAYAM DISTRICT
             KERALA, REPRESENTED BY ITS SECRETARY, PIN - 686 538.

       2     THE SECRETARY
             VAKATHANAM GRAMA PANCHAYAT VAKATHANAM, VAKATHANAM
             P.O., KOTTAYAM DISTRICT KERALA, PIN - 686 538.


OTHER PRESENT:

             SRI.V.K.PRASAD-SC


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    12.04.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 13134 of 2023                     2

                                  JUDGMENT

Dated this the 12th day of April, 2023

This writ petition is filed seeking the following reliefs;

(i) Issue a writ of mandamus or other appropriate writ, order or direction, thereby setting aside Ext.P3, by directing the respondents to consider and dispose of the Ext.P2 application afresh, by not insisting for any development permit, in a time bound manner as fixed by this Honorable Court.

(ii) Dispense the petitioner from filing the English Translation of the Documents in vernacular language produced along with this writ petition.

(iii) Pass such other orders as the petitioner may pray for and this Honorable court deems fit to grant in the circumstances of the case.

2. The learned counsel appearing for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that, the

petitioner is the owner in possession of 2.2 Ares of property within the

jurisdiction of the respondent panchayat. It is submitted that, the petitioner

had submitted an application for building permit. However, by Ext.P3

dated 23.03.2023, the petitioner has been informed that it is only after

getting clarification, whether development permit and layout approval is

required, the application can be considered.

4. Having heard the learned counsel on either side, I notice that it

is not dispute that the petitioner is only the owner of a small plot of land.

The learned counsel for the petitioner asserts that there is no land

development of any nature carried out by the petitioner and the application

is only for a building permit.

5. In the above view of the matter, I am of the opinion that the

issue raised and it is covered by the judgments of this Court in Nafeesa v.

Chavakkad Municipality [2018 (3) KLT 1] as also a division bench of

this Court in Panjal Grama Panchayat v. Aneesh P. [2022 (2)

KHC 775]. In the above view of the matter Ext.P3 is set aside, there will

be a direction to the 2nd respondent to take up the application submitted by

the building permit and to consider and pass orders on the same within a

period of three weeks from the date of receipt of the copy of this judgment,

without insisting on the production of any development project.

Appropriate order shall be positively passed within the time as directed

above.

The writ petition is order accordingly.

Sd/-

ANU SIVARAMAN JUDGE AMR

APPENDIX OF WP(C) 13134/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN FAVOR OF THE PETITIONER WITH REFERENCE NUMBER KL5010907728/2022 DATED 13/12/2022 BY THOTTAKKADU VILLAGE.

Exhibit P2 THE TRUE COPY OF THE ACKNOWLEDGEMENT SLIP HAVING APPLICATION DATE AS: 05.01.2023 ISSUED BY THE 1ST RESPONDENT IN FAVOR OF THE PETITIONER HEREIN.

Exhibit P2(a) TRUE COMPUTER TYPED COPY OF EXT.P2.

Exhibit P3 THE TRUE COPY OF THE ORDER NUMBERED AS 400519/BPRL01/GENERAL/2023/118/ (1) DATED 23.03.2023 ISSUED BY THE 2ND RESPONDENT IN FAVOR OF THE PETITIONER HEREIN.