Liju V.A vs Pallivasal Grama Panchayat
2023 Latest Caselaw 646 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                    WP(C) NO. 42274 OF 2022
PETITIONER:

         LIJU V.A
         AGED 49 YEARS
         S/O ABRAHAM, VALIYAPARAMBIL HOUSE,
         KOOMPANPARA P.O., VELLATHOOVAL VILLAGE,
         DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561.

         BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1    PALLIVASAL GRAMA PANCHAYAT,
         PALLIVASAL P.O., IDUKKI DISTRICT - 685 565
         REPRESENTED BY ITS SECRETARY.
    2    SECRETARY,
         PALLIVASAL GRAMA PANCHAYAT, PALLIVASAL P.O.,
         IDUKKI DISTRICT - 685 565

         BY ADV SHRI.JOICE GEORGE, PALLIVASAL GRAMA
         PANCHAYAT


     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 12.01.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.42274 of 2022



                               2




                           JUDGMENT

Dated this the 12th day of January, 2023

The petitioner was issued with Ext.P4 Building Permit on

22.01.2019. The validity of the Building Permit was three

years. The petitioner had also obtained Ext.P2 No Objection

Certificate from the Village Officer. The construction was to be

carried out in Munnar area.

2. The petitioner could not complete the construction

within the three years stipulated period. The petitioner

submitted application for renewal of Building Permit before the

expiry of the period of the existing Ext.P4 Building Permit. The

grievance of the petitioner is that the respondents are not

renewing the Building Permit and they are insisting on

obtaining a fresh No Objection Certificate from the competent

authority.

WP(C) No.42274 of 2022

3. The petitioner would submit that in view of the

provisions of Rule 15 of the Kerala Panchayat Building Rules,

2019, the respondents cannot refuse to renew the Building

Permit granted to the petitioner.

4. Standing Counsel entered appearance on behalf of

the respondents and resisted the writ petition. The Standing

Counsel controverted all the material allegations made by the

petitioner in the writ petition. It is pointed out that the

construction being in the Munnar area, a No Objection

Certificate from the competent authority is a mandatory

requirement for renewal of Building Permit. The authority

competent to issue No Objection Certificate now is the

Tahsildar concerned. As and when the petitioner produces a

No Objection Certificate from the Tahsildar, the Building

Permit renewal application can be considered. A No Objection

Certificate issued by the Village Officer cannot satisfy the

requirements, contends the Standing Counsel. WP(C) No.42274 of 2022

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

6. It may be noted that the petitioner was issued with

Ext.P4 Building Permit in January, 2019. The validity of the

Building Permit was three years. The petitioner has submitted

application for renewal of Building Permit even before the

expiry of Ext.P4 Building Permit.

7. I find that the Building Permit was issued to the

petitioner on the basis of Ext.P2 No Objection Certificate

issued by the Village Officer. At that time, the Village Officer

was competent to issue a No Objection Certificate in the

nature of Ext.P2.

8. As the petitioner has already obtained a Building

Permit on the basis of a No Objection Certificate issued by a

competent authority at that time, it will be arbitrary for the

respondents to insist for a fresh No Objection Certificate from WP(C) No.42274 of 2022

an authority, who is now competent. The petitioner has

already commenced the construction of the building. In view

of the afore facts, I am of the view that insistence for a fresh

No Objection Certificate from the Tahsildar for renewal of

Building Permit application is not justified.

9. The respondents are therefore directed to process

the application for renewal of Building Permit submitted by the

petitioner, without insisting for a fresh No Objection Certificate

from the Tahsildar.

The writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.42274 of 2022

APPENDIX OF WP(C) 42274/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM VILLAGE OFFICE, ANAVIRATTY ON 14.07.2021.

Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, ANAVIRATTY DATED 20.06.2018. Exhibit P3 TRUE COPY OF THE ORDER OF THE GEOLOGIST, IDUKKI DATED 20.02.2019. Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DATED 22.01.2019.

Exhibit P5        TRUE   COPY   OF   THE   RECEIPT    DATED
                  12.01.2022    ISSUED    BY    THE     2ND

RESPONDENT ACCEPTING BUILDING PERMIT RENEWAL APPLICATION FEE.

RESPONDENT'S/S EXHIBITS : NIL