Aminu Hameed vs Choondal Grama Panchayat
2023 Latest Caselaw 8848 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                     WP(C) NO. 21432 OF 2023
PETITIONERS:

    1     AMINU HAMEED,
          AGED 75 YEARS, W/O LATE ABDUL HAMEED,
          KESAVATH PARAIMBIL HOUSE, KOCHANNUR,
          VADAKKEKKAD P.O., THRISSUR DISTRICT 679 562.
          REPRESENTED BY POWER OF ATTORNEY HOLDER
          P.K.CHANDRAN, S/O LATE P.KRISHNAN NAMBOOTHIRI,
          AGED 73 YEARS, RESIDING AT PILLANEZHI
          MANA,VIYYOOR,KOLAZHY P.O.,
          THRISSUR DISTRICT-680 010.

    2     K.P.NAJEEB
          S/O LATE K.P.ABDUL HAMEED,
          AGED 52 YEARS, KESAVATH PARAIMBIL HOUSE,
          KOCHANNUR, VADAKKEKKAD P.O.,
          THRISSUR DISTRICT 679 562.
          REPRESENTED BY POWER OF ATTORNEY HOLDER
          P.K.CHANDRAN, S/O LATE P.KRISHNAN NAMBOOTHIRI,
          AGED 73 YEARS, RESIDING AT PILLANEZHI
          MANA,VIYYOOR,KOLAZHY P.O.,
          THRISSUR DISTRICT-680 010.

    3     FAZIL HAMEED K.P.
          S/O LATE ABDUL HAMEED, AGED 38 YEARS,
          KESAVATH PARAIMBIL HOUSE, KOCHANNUR,
          VADAKKEKKAD P.O., THRISSUR DISTRICT 679 562.
          REPRESENTED BY POWER OF ATTORNEY HOLDER
          P.K.CHANDRAN, S/O LATE P.KRISHNAN NAMBOOTHIRI,
          AGED 73 YEARS, RESIDING AT PILLANEZHI
          MANA,VIYYOOR,KOLAZHY P.O.,
          THRISSUR DISTRICT-680 010.

          BY ADV BINOY VASUDEVAN

RESPONDENTS:

    1     CHOONDAL GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          PANCHAYAT OFFICE, ERANELLUR KECHERI P.O.,
          THRISSUR DISTRICT, PIN - 680501
 W.P.(C) No.21432 of 2023
                              2



    2     THE SECRETARY
          CHOONDAL GRAMA PANCHAYAT,
          PANCHAYAT OFFICE, ERANELLUR KECHERI P.O.,
          THRISSUR DISTRICT, PIN - 680501.

          BY ADVS.
          Deepu Thankan
          UMMUL FIDA
          LAKSHMI SREEDHAR
          LEKSHMI P. NAIR
          NAMITHA K.M.
          K M RESHMI, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.21432 of 2023
                                   3



                           JUDGMENT

Dated this the 14th day of August, 2023

The petitioners state that the petitioners wanted to construct

a commercial building and obtained a Building Permit. As the

construction proceeded, there was a requirement of removal of

ordinary earth from the land. Therefore, the petitioners submitted

an application for Revised Building Permit, which is acknowledged

by Ext.P7 online. Aggrieved by the delay in processing and

granting the Revised Building Permit, the petitioners are before

this Court.

2. Standing Counsel entered appearance and resisted the

writ petition. The Standing Counsel submitted that after the

Building Permit was granted, the petitioners started to excavate

ordinary earth in huge quantities and when this was pointed out,

the petitioners have submitted a Revised Building Permit W.P.(C) No.21432 of 2023

application. The Standing Counsel submitted that the competency

of the Panchayat for granting permission for transportation of large

quantity of ordinary earth is doubtful. However, the Panchayat will

be considering the application in accordance with law shortly.

In view of the afore facts, the writ petition is disposed of

directing the 2nd respondent-Secretary to the Panchayat to

consider the Revised Building Permit application submitted by the

petitioners acknowledged by Ext.P7 and pass appropriate orders

thereon within a period of two weeks.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.21432 of 2023

APPENDIX OF WP(C) 21432/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.4560/13 DATED 18-12-2013 OF S.R.O.MUNDUR Exhibit P2 TRUE COPY OF THE DOCUMENT NO.4559/2013 DATED 18-12-2013 Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07-06-2023 IN RESPECT OF THE PROPERTY IN RE.SY.NO.119/19-1 AND 119/19-

Exhibit P-3(a) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07-06-2023 IN RESPECT OF THE PROPERTY IN RE.SY.NO. 119/19-3 AND 19-4. Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 12-04-2023 IN RESPECT OF THE PROPERTY IN 119/19-1 AND 119/19-2 ISSUED BY THE VILLAGE OFFICER, CHOONDAL VILLAGE Exhibit P-4(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 12-04-2023 IN RESPECT OF THE PROPERTY IN 119/19-3 AND 119/19-4 ISSUED BY THE VILLAGE OFFICER, CHOONDAL VILLAGE Exhibit P5 TRUE COPY OF BUILDING PERMIT NO.A4-

BA(228044/2022) DATED 08-07-2022 Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.400669/BPDL01/GPO/2023/1106(1) DATED 20-06-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit P7 TRUE COPY OF THE SUBMISSION OF THE REQUEST THROUGH ON-LINE ON 23-06-2023 Exhibit P8 TRUE COPY OF THE COVERING LETTER DATED 23-06-2023 EXPLAINING THE FACTS