Ibrahim P M vs State Of Kerala
2024 Latest Caselaw 18978 Ker

Kerala High Court

Ibrahim P M vs State Of Kerala on 28 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                     WP(C) NO. 21093 OF 2024
PETITIONER:

          IBRAHIM P M,
          AGED 52 YEARS
          CHEENIKKATHERUVU, PUTHUCODE,
          P.O PUTHUCODE, PALAKKAD,KERALA,
          PIN - 678 687.

          BY ADVS.

          T.R.VISHNU
          A.MOHAMMED SAVAD
          V.S.SHIRAZ BAVA
          V.E.ABDUL GAFOOR
          R.SHABANA
          ANJANA C.R.
          NAINU P.A.
RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO THE LOCAL SELF
          GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     PUTHUCODE GRAMA PANCHYATH,
          REPRESENTED BY ITS SECRETARY, PUTHUCODE, P.O,
          PALAKKAD DISTRICT, PIN - 678 687.


OTHER PRESENT:

          SMT.PREETHA K.K., SR.GOVERNMENT PLEADER
          SRI.C.A.ANOOP, STANDING COUNSEL
     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.21093 OF 2024

                                     2

               MOHAMMED NIAS C.P., J.
             ---------------------------------
             W.P.(C). No. 21093 of 2024
             ---------------------------------
          Dated this the 28th day of June, 2024

                            JUDGMENT

The petitioner challenges Ext.P4 notice rejecting

his application for a building permit for want of plot

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 respondent No.2 to consider the

application for a building permit submitted by the

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

plot development permit mentioned in the impugned order,

and pass appropriate orders in accordance with the relevant W.P.(C)No.21093 OF 2024

building rules, within a month from the date of receipt of a

copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE

S.M.K. W.P.(C)No.21093 OF 2024

APPENDIX OF WP(C) 21093/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 1444/1/2021 DATED 12.04.2021 OF SUB REGISTRY OFFICE ALATHUR Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 03.06.2024 ISSUED BY THE VILLAGE OFFICER, PUTHUCODE VILLAGE IN THE NAME OF THE PETITIONER Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE HAVING NO. 83749929 DATED 22.02.2024 ISSUED IN THE NAME OF THE PETITIONER Exhibit P4 TRUE COPY OF THE NOTICE HAVING NO.

400823/BPRL01/GPA/2024/695/(1) DATED 20.05.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER