Baby Poulose vs Pananchery Grama Panchayath
2023 Latest Caselaw 4677 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. 13061 OF 2023
PETITIONER:

             BABY POULOSE
             AGED 57 YEARS
             SON OF POULOSE P.A,PANDYANKATTIL HOUSE, POOVANCHIRA
             P.O., PANANCHERY VILLAGE, THRISSUR TALUK, THRISSUR
             DISTRICT, PIN - 680 652.

             BY ADVS.
                  P.M.ZIRAJ
                  IRFAN ZIRAJ
                  VISHNU P.S.
                  NIMISHA ANTONY
                  MOHAMMED SHEHIN.S.S
                  BIPIN KRISHNAKUMAR


RESPONDENTS:

       1     PANANCHERY GRAMA PANCHAYATH
             PANANCHERY, THRISSUR DISTRICT,REPRESENTED BY ITS
             SECRETARY, PIN - 680 652.

       2     THE SECRETARY
             PANANCHERY GRAMA PANCHAYATH, PANANCHERY, THRISSUR
             DISTRICT, PIN - 680 652.

             BY ADVS.
              SHRI.SANTHOSH P. PODUVAL, SC,
              PANANCHERY GRAMA PANCHAYATH
              SANTHOSH P.PODUVAL


        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. 13061 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 any other appropriate writ, order or direction to the second respondent to consider and dispose application for building permit submitted by the petitioner within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

ii) Direct the second respondent to issue certificate to the petitioner certifying that petitioner has deemed permit to construct the building on the basis of application which leads to Exhibit.P3 receipt.

iii) Such other writ, direction or order, which deems fit and proper in the interest of justice and the circumstances of the case.

iv)Dispense with filing of translation of vernacular documents produced along with writ petition.

2. Heard the learned counsel appearing for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. The learned counsel for the petitioner submits that the

petitioner is the owner of 0.187 hectares of property within the jurisdiction

of respondent panchayat. He had submitted an application for building

permit as evident by Ext.P3. It is submitted that no orders have been

passed by the respondents on the application and the petitioner is entitled

to a deemed permit.

4. The learned Standing Counsel appearing for the respondents

submits that the application submitted by the petitioner will be considered

and orders passed thereon without delay. There will, accordingly, be a

direction to the respondents to take up the application for building permit

submitted by the petitioner and to consider and pass orders on the same

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

judgment.

Sd/-

ANU SIVARAMAN JUDGE AMR

APPENDIX OF WP(C) 13061/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 25.05.2022 ISSUED BY VILLAGE OFFICER, PANANCHERI VILLAGE.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF THE PETITIONER DATED 5.12.2022 ISSUED BY THE VILLAGE OFFICER, PANANCHERI VILLAGE.

Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE SECOND RESPONDENT TOWARDS RECEIPT OF FEE FOR APPLICATION OF SAID BUILDING PERMIT.

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF PROPOSED BUILDING PLAN SUBMITTED BY THE PETITIONER BEFORE FIRST RESPONDENT SHOWING THE DETAILS OF EARTH CUTTING.