M. Ravi vs Kodumbu Grama Panchayath
2024 Latest Caselaw 18991 Ker

Kerala High Court

M. Ravi vs Kodumbu Grama Panchayath 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. 21315 OF 2024
PETITIONER:

           M. RAVI,
           AGED 56 YEARS
           PUTHAN HOUSE, KODOMBU PO,
           PALAKKAD DISTRICT, PIN - 678551

           BY ADV K.ARJUN VENUGOPAL


RESPONDENTS:

    1      KODUMBU GRAMA PANCHAYATH,
           REPRESENTED BY ITS SECRETARY, AISWARYA NAGAR,
           KODUMBU PO, PALAKKAD DISTRICT, PIN - 678551
    2      THE SECRETARY,
           KODUMBU GRAMA PANCHAYATH AISWARYA NAGAR,
           KODUMBU PO, PALAKKAD DISTRICT, PIN - 678551
OTHER PRESENT:

           SRI.SUSHEEL M.MENON, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21315 OF 2024
                                                 2



                                    MOHAMMED NIAS C.P., J.
                              =====================================
                                    W.P.(C) NO. 21315 OF 2024
                             ======================================
                               Dated this the 28th day of June, 2024


                                          JUDGMENT

The petitioner challenges Ext.P6 order rejecting his application for a building

permit for want of layout approval/development permit.

2. Both sides submit that the issue is covered 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 the 2nd respondent to consider 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 LU WP(C) NO. 21315 OF 2024

APPENDIX OF WP(C) 21315/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF DEED BEARING NO. 1469/2024 DATED 21.03.2024 REGISTERED AT THE PALAKKAD SUB REGISTRAR'S OFFICE.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 13.04.2024 ISSUED BY THE KODUMBA VILLAGE OFFICE TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE LAND REVENUE RECEIPT DATED 12.04.2024 ISSUED BY THE VILLAGE OFFICE.

EXHIBIT P4 ONLINE APPLICATION DATED 07.05.2024 BY THE PETITIONER FOR BUILDING PERMIT.

EXHIBIT P5 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 19.05.2024.

EXHIBIT P6 TRUE COPY OF LETTER DATED 27.05.2024 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 19.03.2024 IN CHENTHAMARA A. V. THE KODUMBU GRAMA PANCHAYAT (2024:KER:23290).

                 //     True Copy   //   PA To Judge