Ramakrishnan vs Pazhayannur Gramapanchayath
2024 Latest Caselaw 29652 Ker

Kerala High Court

Ramakrishnan vs Pazhayannur Gramapanchayath on 17 October, 2024

                                                2024:KER:77320
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                   WP(C) NO. 17788 OF 2023

PETITIONERS:

    1     RAMAKRISHNAN,
          AGED 59 YEARS
          S/O.PAZHANU, PUTHANPURAKKAL HOUSE, P.O.ELANAD,
          THRISSUR DISTRICT, PIN - 680586 (EXPIRED)

    2     ADDL.P2. RINOKRISHNA.P.R,
          AGED 31 YEARS, S/O LATE RAMAKRISHNAN,
          PUTHANPURAKKAL HOUSE, P.O.ELANAD DISTRICT, PIN 680
          586 [ADDITIONAL 2ND PETITIONER IS IMPLEADED AS PER
          ORDER DATED 14/12/2023 IN I.A.1/2023 IN
          WP(C)17788/2023].

          BY ADVS.
          V.M.KRISHNAKUMAR
          P.S.SIDHARTHAN


RESPONDENTS:

    1     PAZHAYANNUR GRAMAPANCHAYATH,
          PAZHAYANNUR.P.O, THRISSUR DISTRICT, REPRESENTED BY
          ITS SECRETARY, PIN - 680587

    2     SECRETARY,
          PAZHAYANNUR GRAMAPANCHAYATH, PAZHAYANNUR.P.O,
          THRISSUR DISTRICT, PIN - 680587

          BY ADV SHRI.R.RAJPRADEEP, SC, PAZHAYANNUR GRAMA
          PANCHAYAT


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17788 OF 2023
                               2


                                                 2024:KER:77320
                          JUDGMENT

This is the second round of litigation. Earlier, the

petitioner had approached this Court by filing WP(C) No.

2975/2023 seeking to quash the order passed by the

Panchayat in an application submitted by the petitioner for a

building permit. At that point of time, the rejection was by

stating that if the house is constructed in a different part of

the property, the extent of earth removal would be less. This

Court observed that the petitioner has right over the entire

extent of property, and his application for a building permit is

therefore liable to be considered, in accordance with law.

Despite the judgment noticed above, the Panchayat again

through Ext.P12 dated 05.04.2023 gave the same reason that

the petitioner can put up construction in some other part of

the property. This reasoning is more or less, the same as the

one which was considered by this Court and which was not

accepted.

2. Accordingly, the impugned order is quashed. It is

made clear that the application for a building permit of the

petitioner has to be reconsidered in terms of the provisions of

the Kerala Panchayat Building Rules, 2019, the Kerala Minor WP(C) NO. 17788 OF 2023

2024:KER:77320 Mineral Concession Rules 2015 and also the Government

Order dated 18.09.2021 issued by the Local Self Government

Department, within six weeks from the date of receipt of copy

of the judgment. In case, there are defects in the application

submitted by the petitioner, they have to be specifically

pointed out in a notice to be issued to the petitioner within the

time above referred and giving an opportunity to cure the

same.

The impugned order is quashed, and the Writ Petition

is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

ASH WP(C) NO. 17788 OF 2023

2024:KER:77320 APPENDIX OF WP(C) 17788/2023

PETITIONER EXHIBITS

Exhibit P1 PHOTOGRAPH OF OLD RESIDENTIAL HOUSE OF THE PETITIONER

Exhibit P2 PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF SOUTHERN PART OF PETITIONER'S PROPERTY

Exhibit P3 PHOTOGRAPH SHOWING THE THE HEIGHT DIFFERENCE OF PETITIONER'S PROPERTY WITH NEIGHBOURING PROPERTY

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT APPLICATION FILED BY THE PETITIONER BEFORE THE PANCHAYATH DATED 02.11.2022

Exhibit P5 TRUE COPY OF BUILDING PLAN PREPARED BY THE CERTIFIED ENGINEER

Exhibit P6 TRUE COPY OF THE E-FILE DETAILS OF THE BUILDING PERMIT APPLICATION SUBMITTED BY THE PETITIONER DATED 02.11.2022

Exhibit P7 TRUE COPY OF ACKNOWLEDGMENT RECEIPT OBTAINED FROM THE PAZHAYANNUR GRAMAPANCHAYATH DATED 09.11.2022

Exhibit P8 TRUE COPY OF GO(RT).NO.1795/2021/LSGD DATED 18.09.2021

Exhibit P9 TRUE COPY OF THE LETTER DATED 17.12.2022 ISSUED BY THE PANCHAYATH TO THE PETITIONER

Exhibit P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE CERTIFIED ENGINEER SHAJITHA.A.P

Exhibit P11 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT PANCHAYATH DATED 16.01.2023

Exhibit12 TRUE COPY OF THE LETTER DATED 05.04.2023 ISSUED BY THE SECRETARY OF THE PANCHAYATH

Exhibit P13 TRUE COPY OF THE JUDGMENT IN WP(C).NO.2975/2023 DATED 16.03.2023 WP(C) NO. 17788 OF 2023

2024:KER:77320

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 15.12.2022 IN WP(C).NO.37373/2022