Krishnaprasad .R vs Thiruvilwamala Grama Panchayath
2023 Latest Caselaw 4161 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                          WP(C) NO.10559 OF 2023
PETITIONERS :-

     1       KRISHNAPRASAD.R, AGED 36 YEARS
             S/O.K.RAMASWAMI, HOUSE NO.148/1,
             KUZHIVATTARAM STREET, KUTHAMPULLY POST,
             THIRUVILWAMALA, THALAPPILLY TALUK,
             THRISSUR DISTRICT, PIN - 680 594

     2       MEENU.R, AGED 29 YEARS
             W/O.KRISHNAPRASAD.R, HOUSE NO.148/1,
             KUZHIVATTARAM STREET, KUTHAMPULLY POST,
             THIRUVILWAMALA, THALAPPILLY TALUK,
             THRISSUR DISTRICT, PIN - 680 594

             BY ADVS.
             R.SREEHARI
             HAMZA A.V.
             VIGNESH S.


RESPONDENTS :-

     1       THIRUVILWAMALA GRAMA PANCHAYATH
             THIRUVILWAMALA GRAMA PANCHAYATH OFFICE,
             THIRUVILWAMALA POST, THALAPPILLY TALUK,
             THRISSUR DISTRICT, PIN - 680 588
             REPRESENTED BY ITS SECRETARY

     2       THE SECRETARY
             THIRUVILWAMALA GRAMA PANCHAYATH,
             THIRUVILWAMALA GRAMA PANCHAYATH OFFICE,
             THIRUVILWAMALA POST, THALAPPILLY TALUK,
             THRISSUR DISTRICT, PIN - 680 588

             BY SRI.R.RAJPRADEEP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.03.2023,   THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.10559 OF 2023

                                 -: 2 :-


                              JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed seeking directions to the 2 nd

respondent to consider the application submitted by the petitioners

for building permit.

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the respondent Panchayat.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are the owners in possession of 14.17 Ares and

5.26 Ares of properties within the jurisdiction of the respondent

Panchayat. It is submitted that an application was submitted by

them for building permit, but the same is not being considered. The

learned counsel for the petitioners submits that it is on a

misapprehension that a development permit is required that the

application is not being considered.

4. Relying on the decision of a Division Bench of this Court

in Panjal Grama Panchayat, Thrissur and another v. Aneesh P [2022

(2) KLT 653] and of a Single Judge in Nafeesa v. Chavakkad

Municipality [2018 (3) KLT 1], the learned counsel for the

petitioners submits that there is no requirement for a development

permit for the consideration of an application for building permit. It WP(C) NO.10559 OF 2023

is submitted that there is no land development or sub division

carried out by the petitioners and therefore, the application is liable

to be considered in accordance with law.

5. The learned counsel appearing for the respondent

Panchayat submits that the application submitted by the petitioners

had been misplaced and that the same will be considered without

further delay.

Having considered the contentions advanced on either

side, there will be a direction to the 2 nd respondent to consider and

pass orders on the application submitted by the petitioners for

building permit within a period of ten days from the date of receipt

of a copy of this judgment. The application will be considered

without insisting on any development permit or certificate, in case

there is no land development as provided in the Rules being carried

out by the petitioners.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/31.3.2023 WP(C) NO.10559 OF 2023

APPENDIX OF WP(C) 10559/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.978/2019 OF SRO PAZHAYANNUR DATED 04/07/2019, IN FAVOUR OF THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE KANIYARCODE VILLAGE OFFICE IN FAVOUR OF THE 1ST PETITIONER WITH NO.67689300 DATED 30/08/2022

Exhibit P3 TRUE COPY OF THE REGISTERED SALE DEED NO.1262/2019 OF SRO PAZHAYANNUR DATED 02/09/2019, IN FAVOUR OF THE 2ND PETITIONER

Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE KANIYARCODE VILLAGE OFFICE IN FAVOUR OF THE 2ND PETITIONER WITH NO.67488009 DATED 25/08/2022

Exhibit P5 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT WITH PLAN SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 12/10/2022, THROUGH E- FILING MODE WITH REGISTRATION NO.1809745

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED IN 2018 (3) KLT 1 [NAFEESA -VS- CHAVAKKAD MUNICIPALITY]

Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED IN 2022 (2) KLT 653 [PANJAL GRAMA PANCHAYATH -VS- ANEESH ]

Exhibit P8 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.2787/2023 AND CONNECTED CASES DATED 30/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.7605/2023 DATED 10/03/2023