Najimuneesa A vs The Nalleppilly Grama Panchayat
2024 Latest Caselaw 9176 Ker

Kerala High Court

Najimuneesa A vs The Nalleppilly Grama Panchayat on 3 April, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM


                            PRESENT


        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.


WEDNESDAY, THE 3RD DAY OF APRIL   2024 / 14TH CHAITHRA, 1946


                  WP(C) NO. 13584 OF 2024


PETITIONER:

         NAJIMUNEESA A, AGED 54 YEARS W/O. ABDULANI,
         SHIHNA MANZIL, VELLANTHARA, CHITTUR P.O, PALAKKAD
         DISTRICT, PIN - 678101
         BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB


RESPONDENTS:

          THE NALLEPPILLY GRAMA PANCHAYAT, PANCHAYAT
    1     OFFICE, NALLEPPILLY P.O, PALAKKAD DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 678553
          THE SECRETARY, NALLEPPILLY GRAMA PANCHAYAT,
    2     PANCHAYAT OFFICE, NALLEPPILLY P.O, PALAKKAD
          DISTRICT, PIN - 678553


         SRI.NIRMAL S, SC


     THIS WRIT PETITION      (CIVIL) HAVING COME UP      FOR
ADMISSION ON 03.04.2024,     THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.13584 of 2024
                                    2


                            JUDGMENT

Dated this the 3rd day of April, 2024

Petitioner challenges Exhibit P2, an order rejecting

the application for a building permit submitted by the petitioner

for want of Layout Approval.

2. Heard learned counsel for the petitioner and learned

Standing Counsel for the respondents.

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

judgment of this Court in Panjal Grama Panchayat and Another

v. Aneesh P. [2022 (2) KLT 653], confirming the judgment of this

Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1].

4. Accordingly, Exhibit P2 order is quashed. There will

be a direction to the Panchayat to reconsider the application of

the petitioner for a building permit, if it is otherwise in order, in

accordance with law, within one month from the date of receipt

of a copy of this order.

This writ petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

SSK/03/04

APPENDIX OF WP(C) 13584/2024

PETITIONER EXHIBITS

A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.02.2024 RELATING TO THE PLOT ISSUED Exhibit-P1 BY THE VILLAGE OFFICER, CHITTUR VILLAGE OFFICE.

A TRUE COPY OF THE COMMUNICATION DATED Exhibit-P2 04.03.2024 ISSUED BY THE SECOND RESPONDENT. A TRUE COPY OF THE JUDGMENT DATED 29.11.2022 Exhibit-P3 IN W.P.(C) NO.26463/2022 OF THIS HON'BLE COURT.