Kerala High Court
Jainmon K J vs Kaiparambu Grama Panchayath on 23 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 7124 OF 2024
PETITIONER:
JAINMON K J, AGED 40 YEARS
S/O. JAMES RESIDING AT KOLLANNUR HOUSE
VELUR P.O, THRISSUR, PIN - 680601
BY ADV T.THASMI
RESPONDENTS:
1 KAIPARAMBU GRAMA PANCHAYATH
KAIPARAMBU GRAMA PANCHAYATH OFFICE BUILDING
THRISSUR DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 680541
2 THE SECRETARY
KAIPARAMBU GRAMA PANCHAYATH
1ST FLOOR, KAIPARAMBU GRAMA PANCHAYATH OFFICE BUILDING
THRISSUR DISTRICT, PIN - 680541
R BY SC SRI.K.B.GANESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7124 OF 2024 : 2 :
JUDGMENT
The petitioner is the owner in possession of an
extent of 4 Ares and 5 square metres of land
covered by Ext.P1 settlement deed. The petitioner
submitted Ext.P3 application for building permit for
the construction of a residential building in the said
property before the 2nd respondent. The 2nd
respondent, by Ext.P4, returned the said application
pointing out certain defects. The petitioner is
aggrieved by defect No.2 noted in Ext.P4, wherein it
has been pointed out that the petitioner has to
produce the plot subdivision permit. The petitioner
submits that he has not made any development in
the said land and has only purchased a small extent
of land for residential purposes, which forms part of
a larger extent.
2. The learned counsel for the petitioner relies
on the decisions of this Court in Panjal Grama
Panchayat v. Aneesh.P [2022 (2) KLT 653) and
Nafeesa v. Chavakkad Municipality [2018 (3) KLT
1] and submits that in respect of small extent of
property, where a person intends to construct a
residential building, there is no necessity for
obtaining a development permit.
3. Heard the learned counsel for the petitioner
and the learned standing counsel for the
respondents.
4. A development permit, under the Kerala
Panchayat Building Rules, 2019 is required only
when there is development of land or sub division of
land into plots. For the purpose of construction of
residential building in a small plot of land, a
development permit is not required. In Nafeesa
(supra), this Court held as follows:
"5.... unless in the hands of the
purchaser of the smaller portion of
land, an activity which attracts the
definition of 'development of land, as
noticed above, is involved, there
would be no requirement for a
person purchasing a plot of land for
putting up a construction therein, to
obtain a development permit prior to
applying for a building permit for the
said construction."
5. Nafeesa (supra) was referred to and the
dictum laid down therein was reiterated by the
Division Bench in Panjal (supra).
6. In the light of the decisions in Panjal and
Nafeesa (supra), I set aside Ext.P4, as far as it
relates to defect No.2. There will be a direction to
the 2nd respondent to consider Ext.P3 application of
the petitioner for building permit, as expeditiously
as possible, at any rate, within a period of six weeks
from the date of receipt of a certified copy of this
judgment, if the application is otherwise in order.
The petitioner shall produce a copy of this writ
petition along with a copy of the judgment before
the 2nd respondent for due compliance.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO. NO.
242/I/2023 DATED 28-01-2023 OF SUB REGISTRAR
OFFICE, MUNDUR
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY VILLAGE OFFICE, ANJUR DATED
30-10-2023
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 27-11-2023
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER DATED 10-02-2024
PASSED BY THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 19753/2022 DATED
04-07-2022
