Chacko vs The Karukachal Grama Panchayath
2024 Latest Caselaw 17265 Ker

Kerala High Court

Chacko vs The Karukachal Grama Panchayath on 20 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                       WP(C) NO. 20175 OF 2024
PETITIONER:

          CHACKO, AGED 34 YEARS
          S/O. ANTONY, KUNNEL HOUSE,
          THONDARNADU KARA, MATTILAYAM.P.O,
          MANANDAVADY, WAYANADU, PIN - 670731

          BY ADVS.
          C.S.MANILAL
          S.NIDHEESH



RESPONDENTS:

    1     THE KARUKACHAL GRAMA PANCHAYATH,
          PANCHAYATH REPRESENTED BY ITS SECRETARY,
          PANCHAYATH OFFICE, KARUKACHAL
          KOTTAYAM, PIN - 686540

    2     THE SECRETARY ,
          KARUKACHAL GRAMA PANCHAYATH,
          PANCHAYATH OFFICE, KARUKACHAL
          KOTTAYAM, PIN - 686540

          SRI.K.SHAJ, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                               -2-

WP(C)No.20175 of 2024


                              MOHAMMED NIAS C.P., J.
                        -----------------------------------------------


                             WP(C)No.20175 of 2024
                         ---------------------------------------------

                        Dated this the 20th day of June, 2024



                                       JUDGMENT

The petitioner challenges Ext.P5 order rejecting his application for a

building permit for want of layout approval/development permit.

2. Both sides submit that the issue is covered in favour of the petitioner by

the judgments of this Court in Nafeesa v. Chavakkad Municipality [2018 (3)

KLT 1] and Panjal Grama Panchayat v. Aneesh P. [2022 (2) KLT 653].

3. Accordingly, the impugned order is quashed and there will be a direction

to respondents 1 and 2 to reconsider the application for a building permit

submitted by the petitioner, if it is otherwise in order, without insisting on the

layout approval/development permit mentioned in the impugned order, and pass

appropriate orders in accordance with the relevant building rules, within a month

from the date of receipt of a copy of this judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/20.06.2024

APPENDIX OF WP(C) 20175/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A COPY OF THE SALE DEED NO.1551/I/2023 DATED 20/09/2023.

EXHIBIT P2 A COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DATED 30/11/2023 ISSUED BY 1ST RESPONDENT

EXHIBIT P3 A COPY OF THE RECEIPT OF BUILDING PERMIT FEE DATED 26.10.2023 ISSUED BY 1ST RESPONDENT

EXHIBIT P4 A COPY OF THE SANCTION LETTER FROM THE FEDERAL BANK, VAIKOM BRANCH DATED 13/11/2023 TO THE PETITIONER

EXHIBIT P5 A COPY OF THE ORDER DATED 25.11.2023 OF 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P6 A COPY OF THE JUDGEMENT IN WPC 6552/2024 DATED 04.03.2024 OF THIS COURT