Jayaraman vs Erumapetty Grama Panchayath
2024 Latest Caselaw 15890 Ker

Kerala High Court

Jayaraman vs Erumapetty Grama Panchayath on 6 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                      WP(C) NO. 11114 OF 2017
PETITIONER:

          JAYARAMAN
          AGED 49 YEARS
          S/O.GOPALAN NAIR,
          KANJULLI HOUSE,
          PARUTHIPRA,
          THRISSUR.
          BY ADVS.
          SRI.P.MOHAMED SABAH
          SRI.JOSE JOSEPH CHEMPLAYIL


RESPONDENTS:

    1     ERUMAPETTY GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          MANGADU P.O., KOTTAPURAM,
          THRISSUR - 680 544.
    2     THE SECRETARY
          ERUMAPETTY GRAMA PANCHAYATH,
          MANGADU P.O., KOTTAPURAM,
          THRISSUR - 680 544.
    3     THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          THRISSUR - 680 001.
          BY ADVS.
          SMT.R.RAJITHA
          SRI.SANTHOSH P.PODUVAL
          SMT.VINAYA V.NAIR
          SMT.K.B.SONY-GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11114 OF 2017

                                  2


                          JUDGMENT

1. The petitioner filed this writ petition on 29/03/2017

seeking direction to the respondents 1 and 2 to consider

application for building permit submitted by the petitioner

without insisting production of No Objection Certificate from

the 3rd respondent.

2. A Counter affidavit is filed on 26/06/2017 by the

respondents 1 and 2 states that the proposed construction

of the petition involves levelling of the ground since the

property is lying uneven and for removal of permission from

the 3rd respondent is required.

3. The 3rd respondent has also filed a counter affidavit

dated 05/12/2017 staying that officer from his office

conducted a field visit on 02/08/2017 and found that

geomorphologically the petitioner's property is situated one

meter above the surrounding general ground level and all

surrounding houses are seeing on the same level of the WP(C) NO. 11114 OF 2017

petitioner's property and hence removal of earth is not

needed in the petitioner's property for constructing the

residential building and intention of the petitioner is to take

ordinary earth for commercial purpose.

4. In view of the said contentions raised by the

respondents, this writ petition is disposed of directing the

respondents 1 and 2 to consider the application for building

permit submitted by the petitioner within a period of three

months from the date of receipt of copy of this judgment

without insisting permit from the 3rd respondent, if the

construction does not involve removal of any earth as stated

in the Counter affidavit of the 3rd respondent.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 11114 OF 2017

APPENDIX OF WP(C) 11114/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 02.6.2016.

EXHIBIT P2 TRUE COPY OF THE RECEIPT OF FEES FOR BUILDING PERMIT ISUED BY THE 1ST RESPONDENT DATED 26.10.2016.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 06.2.2017.