Kerala High Court
K.C. Robbins vs The Vengappally Grama Panchayath on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 35364 OF 2023
PETITIONERS:
1 K.C. ROBBINS, AGED 54 YEARS
S/O. KOYIKKAL CHANDI, ULIKKAL P.O.,
VAITHUR AMSOM DESOM, VAITHUR VILLAGE,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670705
2 HYASINTHE HILTON MIKE, AGED 54 YEARS
S/O. OLIVER NETTO RANSON RUSKIN,
SWAN VILLA, TC 5/451, SREEKARYAM P.O.,
CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695017
3 JIM K. CHANDY, AGED 52 YEARS
S/O. KOYIKKAL CHANDI, ULIKKAL P.O.,
VAITHUR AMSOM DESOM, VAITHUR VILLAGE,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670705
BY ADV K.RAKESH
RESPONDENTS:
1 THE VENGAPPALLY GRAMA PANCHAYATH
PINANGODE P.O., WAYANAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 673122
2 THE SECRETARY
THE VENGAPPALLY GRAMA PANCHAYATH,
PINANGODE P.O., WAYANAD DISTRICT, PIN - 673122
3 THE VILLAGE OFFICER
VENGAPPALLY VILLAGE, PINANGODE P.O.,
WAYANAD DISTRICT, PIN - 673122
BY ADV MANOJ RAMASWAMY
OTHER PRESENT:
GP - SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.35364 of 2023 2
VIJU ABRAHAM, J.
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W.P (C) No.35364 of 2023
.................................................................
Dated this the 27th day of October, 2023
JUDGMENT
Petitioners have approached this Court aggrieved by Ext.P3 order
whereby the 2nd respondent rejected the building permit application
submitted by the petitioners.
2. Petitioners purchased the property comprised in resurvey
nos.501/10, 501/11 and 501/45 of Vengappally Village in Vythiri Taluk by
virtue of three assignment deeds executed in the year 2019. They
submitted an application for permission to construct a residential building
as is evident from Ext.P2 and the said request has been rejected by
Ext.P3 order by the 2nd respondent holding that a portion of the property in
the possession of the petitioners was exempted under Section 81 of the
Kerala Land Reforms Act as plantation and therefore the permit cannot be
issued.
3. Learned standing counsel appearing for respondents 1 and 2
brought to the notice of the court the subsequent proceedings issued by
the District Collector, Wayanad dated 16.10.2023 wherein certain
directions have been issued for grant of permit for undertaking
constructions in the said properties.
In the light of the abovesaid order, I am of the opinion that the
application submitted by the petitioners should be reconsidered. Therefore
Ext.P3 order is set aside with a consequential direction to the 2 nd
respondent to reconsider the application submitted by the petitioners
evidenced by Ext.P2, in the light of the proceedings of the District
Collector, Wayanad bearing no.DCWYD/581/2021-L1 dated 16.10.2023 in
accordance with law and take a final decision in the matter within a period
of one month from the date of receipt of a copy of the judgment.
With the abovesaid direction, the above writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 35364/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT
DATED 10-06-2023 ISSUED FROM THE
VENGAPPALLY VILLAGE OFFICE
Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT WITH RESPECT TO THE APPLICATION
DATED 18-11-2022 ISSUED FROM VENGAPPALLY
GRAMA PANCHAYATH OFFICEE
Exhibit P3 A TRUE COPY OF THE LETTER DATED 06-08-
2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 15-10-
2018 IN WRIT APPEAL NO.1894/2018 OF THIS
HON'BLE COURT
Exhibit P5 TRUE COPY OF THE JUDGMENT IN
W.P(C).NO.6670/2020 OF THIS HON'BLE
COURT DATED, 25-8-2022
