Rajesh Philip vs The Secretary, Keezhmad Grama ...
2024 Latest Caselaw 31400 Ker

Kerala High Court

Rajesh Philip vs The Secretary, Keezhmad Grama ... on 2 November, 2024

                                                       2024:KER:82222
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WP(C) No.38612 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. 38612 OF 2024

PETITIONER:

               RAJESH PHILIP, AGED 49 YEARS
               S/O. MAMPALLI JOSEPH PHILIP, MAMPALLIL HOUSE,
               PADANEKKAD DESOM, PADANEKKAD P. O., KANHANGAD
               VILLAGE, HOSEDURG TALUK, KASARAGOD DISTRICT,
               PIN - 671314

               BY ADVS.
               P.T.MOHANKUMAR
               GEORGE CHERIAN
               RAJESH CHERIAN KARIPPAPARAMBIL



RESPONDENTS:

    1          THE SECRETARY, KEEZHMAD GRAMA PANCHAYAT
               ERUMATHALA .P.O, ERNAKULAM DISTRICT, PIN -
               683112

    2          NEST INFRATECH PRIVATE LIMITED, REPRESENTED BY
               ITS DIRECTOR COMPASS, 5TH FLOOR, NH-47 BYEPASS,
               CHAKKARAPARAMBU, NEW VYSALI BUS STOP, COCHIN,
               ERNAKULAM DISTRICT, PIN - 682032

               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:82222
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WP(C) No.38612 of 2024

                                JUDGMENT

Dated this the 2nd day of November, 2024

The Challenge in this writ petition is against Ext.P4

order issued by the Keezhmad 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.P4 order and direct the

respondent Panchayat to consider the application for building

permit, without insisting for the development permit

mentioned in the impugned order, and pass appropriate 2024:KER:82222

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:82222

APPENDIX OF WP(C) 38612/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE SALE DEED, NO.1981/2018 EXECUTED BY ONE MR. JAVAD K HASSAN AND MRS. MEHERBANU HASSAN IN FAVOUR OF THE PETITIONER, DATED 05-03-

Exhibit P-2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, KEEZHMAD, TO THE PETITIONER, DATED 16- 04-2024

Exhibit P-3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KEEZHMAD, DATED 17-05-2024

Exhibit P-4 TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT NO.1 DEMANDING PRODUCTION OF LAND DEVELOPMENT PERMIT, VIRTUALLY DENYING ISSUANCE OF OCCUPANCY CERTIFICATE, DATED 15-07-2024

Exhibit P-5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP[C] NO.1470/2024, DATED 22-01-2024