Kerala High Court
Vinod C.V vs Mankara Grama Panchayat on 27 March, 2024
W.P(C) No.11215/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 11215 OF 2024
PETITIONER/S:
1 VINOD C.V
AGED 53 YEARS
S/O.C.K.VIJAYAN, CHOZHIYATHODI HOUSE, MANKARA POST,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678613
2 MARY @ MARY VINOD
AGED 48 YEARS
W/O. VINOD C.V, CHOZHIYATHODI HOUSE, MANKARA POST,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678613
BY ADVS.
R.SREEHARI
HAMZA A.V.
APARNA M.P.
VIGNESH S.
RESPONDENT/S:
1 MANKARA GRAMA PANCHAYAT
MANKARA GRAMA PANCHAYAT OFFICE, PALAKKAD- PONNANI ROAD,
MANKARA POST, PALAKKAD TALUK, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 678613
2 THE SECRETARY
MANKARA GRAMA PANCHAYAT, MANKARA GRAMA PANCHAYAT OFFICE,
PALAKKAD- PONNANI ROAD, MANKARA POST, PALAKKAD TALUK,
PALAKKAD DISTRICT, PIN - 678613
SR.K.K.RAJEEV, SC
THIS WRIT PETIION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.11215/24 2
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.11215 of 2024
.............................................................
Dated this the 27th day of March, 2024
JUDGMENT
The petitioners challenge Ext.P5 order passed by the Panchayat insisting the
petitioners to produce the layout permit as regards the plot belonging to them.
2. The learned counsel on both sides submit that the issue is covered by the
judgment of this Court in Ext.P6, viz; Panjal Grama Panchayat, Thrissur &
another v. Aneesh P. [2022 (2) KHC 775] and Nafeesa v. Chavakkad
Municipality [2018 (3) KLT 1].
Accordingly, the direction in Ext.P5 insisting the petitioners for production of
the layout permit cannot be sustained. The Panchayat will consider the application of
the petitioners, taking note of the above declaration, and pass appropriate orders on
the application, if it is otherwise in order, within one 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
okb/
APPENDIX OF WP(C) 11215/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED FROM
THE MANKARA VILLAGE OFFICE, IN FAVOUR OF THE
PETITIONERS DATED 24/05/2022 FOR THE PERIOD
2022-2023
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, MANKARA VILLAGE OFFICE
IN FAVOUR OF THE PETITIONERS WITH NO.78969232
DATED 27/06/2023
Exhibit P3 TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT DATED 13/04/2022, WITH PERMIT NO: A2-BA
(124832)/2022 ISSUED BY THE 2ND RESPONDENT IN
FAVOUR OF THE PETITIONERS
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
25/08/2023 WITH FILE
NO.400790/BABC06/GPO/2023/3632 ISSUED FROM THE
MANKARA GRAMA PANCHAYAT OFFICE TO THE
PETITIONERS
Exhibit P5 TRUE COPY OF THE NOTICE WITH NO.J.C.5-
3632/2023 DATED 06/10/2023 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT OF KERALA REPORTED IN 2018 (3) KLT 1
[NAFEESA -VS- CHAVAKKAD MUNICIPALITY]
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT OF KERALA REPORTED IN 2022 (2) KLT 653
[PANJAL GRAMA PANCHAYATH -VS- ANEESH]
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT OF KERALA IN W.P.(C) NO. 8529/2024 DATED
04/03/2024
