Kerala High Court
Vinitha vs Kaiparambu Grama Panchayat on 6 March, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 8993 OF 2024
PETITIONER/S:
VINITHA,
AGED 36 YEARS,
W/O.SEEJO P.J, PARAKKAL HOUSE,
CHIRALAYAM, KUNNAMKULAM,
THRISSUR DISTRICT, PIN - 680 503.
BY ADVS
SANTHOSH P.PODUVAL
R.RAJITHA
CHITHRA S.BABU
RESPONDENT/S:
1 KAIPARAMBU GRAMA PANCHAYAT
REP. BY ITS SECRETARY, MUNDOOR P.O.,
THRISSUR DISTRICT, PIN - 680 541.
2 THE SECRETARY,
KAIPARAMBU GRAMA PANCHAYAT, MUNDOOR P.O.,
THRISSUR DISTRICT-, PIN - 680 541.
BY ADV GANGESH K B, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8993 OF 2024
2
JUDGMENT
The petitioner submitted an application for
construction of a residential building in Sy.No.2
(Re.Sy.No.6/PT 10-2) of Peramangalam Village, before the
2nd respondent, the Secretary of the 1st respondent
Panchayat. The said application was returned to the
petitioner vide Ext.P1 stating that she has to produce
development permit for subdivision of plots.
2. The petitioner submits that she is the purchaser
of only a small plot and has not made any development in
the plot and therefore she is not liable to produce
development permit as required in Ext.P1.
3. The petitioner relies on the decisions of this Court
in Panjal Grama Panchayat v. Aneesh [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
WP(C) NO. 8993 OF 2024
building, there is no necessity for obtaining a development
permit.
4. A development permit, under the Kerala
Panchayat Building Rules, 2019 is required only when there
is development of land or subdivision 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."
Nafeesa (spura) was referred to and the dictum therein is
reiterated by the Division Bench in Panjal (supra).
In the light of the decision in Panjal and Nafeesa
(supra), I set aside Ext. P1. There will be a direction to the
2nd respondent to consider the application of the petitioner
for building permit, as expeditiously as possible, at any
WP(C) NO. 8993 OF 2024
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 the certified copy of this
judgment before the 2nd respondent.
This writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
S.M.K.
WP(C) NO. 8993 OF 2024
APPENDIX
PETITIONER'S EXHIBIT
Exhibit -P1 A COPY OF ORDER DATED 23.02.2024 ISSUED BY
THE 2ND RESPONDENT.
