Manoj C S vs State Of Kerala, Represented By ...
2024 Latest Caselaw 10464 Ker

Kerala High Court

Manoj C S vs State Of Kerala, Represented By ... on 11 April, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO.14498 OF 2024
PETITIONER :-

             MANOJ C S, AGED 46 YEARS
             S/O.SUBRAMANIAN, CHAVARAATTIL HOUSE, PONNORE,
             THRISSUR, PIN - 680 552

             BY ADVS.
             C.A.ANOOP
             R.KRISHNA


RESPONDENTS :-

      1      STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT,
             GOVERNMENT SECRETARIATE, STATUE JUNCTION,
             THIRUVANANTHAPURAM, PIN - 685 001

      2      THE TOWN PLANNING OFFICER,
             KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680 003

      3      THE THOLUR GRAMAPANCHAYATH,
             REPRESENTED BY ITS SECRETARY,
             THOLUR GRAMA PANCHAYATH OFFICE, THOLUR,
             PARAPPUR P.O., THRISSUR, PIN - 680 552

      4      THE SECRETARY,
             THOLUR GRAMA PANCHAYATH OFFICE, THOLUR,
             PARAPPUR P.O., THRISSUR, PIN - 680 552

             BY ADV SANTHOSH P.PODUVAL
             BY SMT.DEVI SHRI R., GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    11.04.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.14498 of 2024

                                      -: 2 :-


                                  JUDGMENT

Dated this the 11th day of April, 2024

The petitioner challenges Exts.P3 and P4, by which his

application seeking building permit has been rejected for want

of a layout approval/development permit.

2. Both sides submit that the issue is covered by the

judgment of this Court in Panjal Grama Panchayat,

Thrissur and another v. Aneesh P. [2022 (2) KHC 775].

Accordingly, the impugned letters are quashed.

There will be a direction to the respondents to consider the

application for building permit submitted by the petitioner, if it

is otherwise in order, without insisting for layout approval/

development permit, within six weeks from the date of receipt

of a copy of this judgment.

The writ petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Jvt/15.4.2024

APPENDIX OF WP(C) 14498/2024

PETITIONER EXHIBITS :-

Exhibit P1 THE TRUE COPY OF THE DOCUMENT NO. 2765/23 OF MUNDUR SUBREGISTRAR OFFICE DATED 06/11/2023 Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT FOR THE PROPERTY IN THE YEAR 2023-24 DATED 22/11/2023 Exhibit P3 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.3 DATED 20/12/2023 Exhibit P4 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.3 DATED 09/01/2024