Biju vs Avanuur Gramapanchayath
2024 Latest Caselaw 31394 Ker

Kerala High Court

Biju vs Avanuur Gramapanchayath on 2 November, 2024

                                                    2024:KER:82172
                                 1
WP(C) No.38507 of 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE P.M.MANOJ

 SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA,

                                1946

                     WP(C) NO. 38507 OF 2024

PETITIONER:

            BIJU, AGED 46 YEARS
            S/O SREEDHARAN, KIZAKKEPPURAKKAL HOUSE,
            KONIKKARA ROAD, THRIKKUR.P.O THRISSUR -, PIN -
            680306

            BY ADVS.
            A.R.NIMOD
            M.A.AUGUSTINE


RESPONDENT:

            AVANUUR GRAMAPANCHAYATH
            REP. BY ITS SECRETARY, VELAPPAYA, THRISSUR
            MEDICAL COLLEGE P.O., THRISSUR-, PIN - 680596



OTHER PRESENT:

            SMT.K.AMMINIKUTTY.,GOVERNMENT PLEADER


     THIS     WRIT   PETITION   (CIVIL)   HAVING     COME   UP   FOR
ADMISSION    ON   02.11.2024,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2024:KER:82172
                                    2
WP(C) No.38507 of 2024



                             JUDGMENT

Dated this the 2nd day of November, 2024

The Challenge in this writ petition is against Ext.P3

order issued by the Avanuur Grama Panchayat, whereby it is

directed to produce the land development permit for

considering the application for building permit.

3. The learned counsel appearing for the petitioner

submits that this issue is squarely covered by decisions of this

Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT

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

KLT 653].

4. I have heard the learned counsel appearing for the

petitioner as well as the learned counsel appearing for the

Panchayat.

5. On considering the issue, it appears that the issue

involved in this writ petition is squarely covered in favour of

the petitioner as per the aforementioned decisions.

Accordingly, this Court quash Ext.P3 order and direct the

respondent Panchayat to consider the application for building 2024:KER:82172

permit, without insisting for the development permit

mentioned in the impugned order, and pass appropriate

orders in accordance with the relevant building rules, within a

period of 6 weeks from the date of receipt of a certified copy

of this judgment.

The writ petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE

das 2024:KER:82172

APPENDIX OF WP(C) 38507/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LATEST TAX RECEIPT DATED 23.09.2024

Exhibit-P2 TRUE COPY OF THE RECEIPT OF BUILDING PERMIT ALONG WITH ACKNOWLEDGEMENT WITH FILE NUMBER 400695/BPRL01/GPO/2024/14333 DATED 03.10.2024

Exhibit-P3 TRUE COPY OF THE NOTICE NO.400695/BPRL01/GPO/2024/14333/(1) DATED 22.10.2024

Exhibit-P4 TRUE COPY OF THE ORDER IN W.P.(C) 9608/2024 DATED 25.03.2024