Suresh vs Nallepilly Grama Panchayat
2024 Latest Caselaw 33625 Ker

Kerala High Court

Suresh vs Nallepilly Grama Panchayat on 21 November, 2024

WP(C) NO. 38593 OF 2024            1


                                              2024:KER:87429
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA,

                                   1946

                       WP(C) NO. 38593 OF 2024

PETITIONER:

               SURESH,
               AGED 38 YEARS
               KARAMKAODE, TENARI, TENARI (P.O), PALAKKAD, PIN
               - 678622


               BY ADVS.
               DHANUSH C.A.
               AJMAL A.




RESPONDENTS:

    1          NALLEPILLY GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               NALLEPILLY P.O., PALAKKAD, PIN - 678553

    2          SECRETARY,
               NALLEPILLY GRAMA PANCHAYATH, PANCHAYATH OFFICE,
               NALLEPILLY P.O., PALAKKAD, PIN - 678553



OTHER PRESENT:

               SRI. NIRMAL S., SC


        THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   21.11.2024,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 38593 OF 2024                          2


                                                                                         2024:KER:87429
                               MOHAMMED NIAS C.P., J
                      ............................................................
                               W.P.(C) No.38593 of 2024
                        .............................................................
                    Dated this the 21st day of November, 2024

                                           JUDGMENT

The petitioner challenges Ext.P3 order passed by the

Municipality, rejecting his application for a building permit submitted

by the petitioner for want of approval/development permit.

2. Both sides submit that the issue is covered in favour of

the petitioner by 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 respondents 1 and 2 to reconsider 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 four weeks from the date of receipt of a copy of this

judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu

2024:KER:87429

APPENDIX OF WP(C) 38593/2024

PETITIONER EXHIBITS

Exhibit - P1 TRUE COPY OF THE LATEST BASIC TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 04.10.2024

Exhibit - P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF THE PETITIONER DATED 04.10.2024

Exhibit - P3 TRUE COPY OF THE ORDER REJECTING 'BUILDING PERMIT' DATED 08.10.2024 HAVING NUMBER 400804/BPRL01/G.A/2023/8928/(2) ISSUED BY THE 2ND RESPONDENT

Exhibit - P4 TRUE COPY OF THE BUILDING PLAN OF THE PROPOSED HOUSE OF THE PETITIONER

Exhibit - P5 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED 27.02.2024 IN WP. (C)4522 OF 2024