Fernanto Joseph vs Nenmanikkara Grama Panchayat
2024 Latest Caselaw 10253 Ker

Kerala High Court

Fernanto Joseph vs Nenmanikkara Grama Panchayat on 9 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
                        WP(C) NO. 9454 OF 2024
PETITIONERS:

    1     BIJU VIJAYAN
          AGED 53 YEARS
          S/O. VIJAYAN, , OLUKKURAN HOUSE,
          PANTHALLOOR, NELLAYI, THRISSUR, PIN - 680305
    2     PREEJI A.S.
          AGED 41 YEARS
          W/O. BIJU VIJAYAN, OLUKKURAN HOUSE,
          PANTHALLOOR, NELLAYI, THRISSUR, PIN - 680305
          BY ADVS.
          C.A.CHACKO
          C.M.CHARISMA
          BABU V.P.
          ABHIRAMI PRASAD


RESPONDENTS:

    1     1. NENMANIKKARA GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, NENMANIKKARA,
          P.O.CHITTISSERY, THRISSUR DISTRICT, PIN - 680301
    2     2. THE SECRETARY
          NENMANIKKARA GRAMA PANCHAYAT, NENMANIKKARA,
          P.O.CHITTISSERY, THRISSUR DISTRICT, PIN - 680301
          BY ADVS.
          C.HARIKUMAR
          SANDRA SUNNY(K/926/2020)
          ARUN KUMAR M.A(K/1197/2021)
          FARAH JYOTHI PRADEEP(K/1240/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2024, ALONG WITH WP(C).7441/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 9454 OF 2024
                                   ..2..




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
                       WP(C) NO. 7441 OF 2024
PETITIONER:

    1          FERNANTO JOSEPH
               AGED 38 YEARS
               S/O.K.G.JOSEPH, KANJOOKKARAN HOUSE,
               CHIYYARAM, THRISSUR, PIN - 680026
    2          JISMY JOY
               AGED 27 YEARS
               W/O.FERNANTO JOSEPH, KANJOOKKARAN HOUSE,
               CHIYYARAM, THRISSUR, PIN - 680026
               BY ADVS.
               C.A.CHACKO
               C.M.CHARISMA
               BABU V.P.
               ABHIRAMI PRASAD
RESPONDENT/S:
    1     NENMANIKKARA GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          NENMANIKKARA, P.O.CHITTISSERY,
          THRISSUR DISTRICT, PIN - 680301
    2     THE SECRETARY
          NENMANIKKARA GRAMA PANCHAYAT,
          NENMANIKKARA, P.O.CHITTISSERY,
          THRISSUR DISTRICT, PIN - 680301
         BY ADVS.
         C.HARIKUMAR
         SANDRA SUNNY(K/926/2020)
         ARUN KUMAR M.A(K/1197/2021)
         FARAH JYOTHI PRADEEP(K/1240/2023)
        THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 09.04.2024, ALONG WITH WP(C).9454/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9454 OF 2024
                           ..3..




               MOHAMMED NIAS C.P., J.
        =========================
          W.P.(C.) Nos. 9454 & 7441 of 2024
        =========================
         Dated this the 9th day of April, 2024



                     JUDGMENT

These writ petitions are filed challenging the order,

rejecting the applications seeking for building permit for

want of layout approvals. Both sides submit that the issue

is covered in favour of the petitioner by the judgments of

this Court in Panjal Grama Panchayat v. Annesh

(2022 (2) KLT 653 and Nafeesa v. Chavakkad

Municipality (2018 (3) KLT 1).

Accordingly, the impugned orders are quashed. There

will be a direction to the panchayat to reconsider the

applications submitted by the petitioner for a building

permit, as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a certified WP(C) NO. 9454 OF 2024 ..4..

copy of this judgment, if the applications are otherwise in

order.

These writ petitions are allowed accordingly.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 9454 OF 2024 ..5..

APPENDIX OF WP(C) 7441/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 8/1/2024 ISSUED BY VILLAGE OFFICER, NENMANIKKARA EXHIBIT P2 TRUE COPY OF COMMUNICATION NO.400719/BPRL01/2024/637/(1) ISSUED BY 2ND RESPONDENT DATED 21/2/2024 EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 3/6/2019 IN WA.NO.1288/2019 AND CONNECTED CASE WP(C) NO. 9454 OF 2024 ..6..

APPENDIX OF WP(C) 9454/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 27/12/2023 ISSUED BY VILLAGE OFFICER, NENMANIKKARA EXHIBIT P2 TRUE COPY OF COMMUNICATION OF 2ND RESPONDENT DATED 01/03/2024 REQUIRING THE PETITIONERS TO PRODUCE DEVELOPMENT CERTIFICATE AND ITS APPROVED LAYOUT FOR CONSIDERING THEIR APPLICATION. EXHIBIT P3 TRUE COPY OF JUDGMENT OF DIVISION BENCH OF THIS HON'BLE COURT DISMISSING THE RESPONDENT'S APPEALS IN WA.NO.1288/2019 AND CONNECTED CASE DATED 3/6/2019

RESPONDENT ANNEXURES :

ANNEXURE R2(a) THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT TOWN PLANNER TO THE 2ND RESPONDENT DATED 13.11.2020 ANNEXURE R2(b) THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT PANCHAYATH DATED 27.11.2020 ANNEXURE R2(c) THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT PANCHAYATH DATED 31.10.2022

// True Copy // PA To Judge