Preethi G vs Deputy Director Of Panchayat
2023 Latest Caselaw 5601 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                       WP(C) NO. 15627 OF 2023
PETITIONER:

               PREETHI G
               AGED 37 YEARS
               W/O SATHEESH, THAZHATH HOUSE, ATTOR,
               KUTTUR.P.O., THRISSUR, PIN - 680013

               BY ADV ARAVIND GHOSH


RESPONDENTS:

    1          DEPUTY DIRECTOR OF PANCHAYAT
               OFFICE OF THEE DEPUTY DIRECTOR OF PANCHAYAT,
               AYYANTHOLE.P.O., THRISSUR DISTRICT, PIN - 680583

    2          KOLAZHY GRAMA PANCHAYAT
               MULANGUNNATHUKAVU.P.O., THIROOR, THRISSUR
               DISTRICT. REPRESENTED BY ITS SECRETARY, PIN -
               680581

    3          THE SECRETARY
               KOLAZHY GRAMA PANCHAYAT, MULANGUNNATHUKAVU.P.O.,
               THIROOR, THRISSUR DISTRICT., PIN - 680581

               BY ADV SANTHOSH P.PODUVAL



OTHER PRESENT:

               GP -SRI SYAMANTHAK


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   12.05.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15627 of 2023

                                  ..2..

                                JUDGMENT

The petitioner has approached this Court

aggrieved by the insistence on production of

Development Certificate for consideration of the

application for building permit.

Having considered the facts and circumstances

of the case, I am of the opinion that the writ

petition can be disposed of, with a direction to

the respondents to take up the application

submitted by the petitioner for building permit

as evidenced by Ext.P3 acknowledgment receipt,

and to consider and pass orders on the same,

strictly in accordance with the provisions of the

Panchayat Building rules, without insisting on

Development Certificate, within a period of three

weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

SD/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

WP(C) No.15627 of 2023

..3..

APPENDIX OF WP(C) 15627/2023

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE SALE DEED NO.2922/1/22 DATED 7/10/2022 OF SRO, THRISSUR

Exhibit-P2 TRUE COPY OF LAND TAX RECEIPT IN THE NAME OF THE PETITIONER OF POTOR VILLAGE DATED 7/11/2022

Exhibit-P3 THE TRUE COPY OF THE RECEIPT FOR THE SUBMITION OF APPLICATION FOR BUILDING PERMIT DATED 19/01/2023

Exhibit-P4 THE TRUE COPY OF COMMUNICATION FROM THE 3RD RESPONDENT REJECTING APPLICATION FOR BUILDING PERMIT DATED 15/02/2023

Exhibit-P5 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.29594/2019 OF THE HONOURABLE HIGH COURT OF KERALA DATED 5/11/2019