Kerala High Court
Abdul Gafoor vs The Secretary on 25 October, 2024
2024:KER:80303
WP(C).NO.32730/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 32730 OF 2024
PETITIONER:
ABDUL GAFOOR, AGED 47 YEARS,
VADAKKE KANDIYIL, EAST MALAYAMMA, NIT CAMPUS,
KOZHIKODE, PIN - 673601.
BY ADVS. M/S.PHILIP J.VETTICKATTU, NEENU BERNATH &
SAJU S. DOMINIC
RESPONDENTS:
1 THE SECRETARY, KATTIPPARA GRAMA PANCHAYAT, KATTIPPARA,
KOZHIKODE DISTRICT, PIN - 673573.
2 THE VILLAGE OFFICER,
KEDAVUR VILLAGE, KEDAVUR, KOZHIKODE, PIN - 673573.
BY ADVS. M/S.VINOD SINGH CHERIYAN, T.M.KHALID &
K.P.SUSMITHA
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80303
WP(C).NO.32730/2024
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 32730 of 2024
=====================================
Dated this the 25th day of October, 2024
JUDGMENT
The petitioner challenges Ext.P7 order by which his application for building
permit was returned holding that the land was exempted under the provisions of
the Kerala Land Reforms Act, 1963.
2. Both sides submit that the issue is covered in favour of the petitioner
by the judgment of Full Bench of this Court in Mathew K.Jacob and Anr. v. District
Environmental Impact Assessment Authority [2018 (5) KHC 487].
3. Accordingly, Ext.P7 is quashed. There will be a direction to the
respondents to reconsider the application for building permit submitted by the
petitioner, if the application is otherwise in order, and subject to other provisions
of the building rules within four weeks from the date of receipt of a copy of this
judgment.
The impugned order is quashed. The Writ Petition is allowed as above.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
2024:KER:80303
APPENDIX OF WP(C).NO.32730/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED
BEARING NO.2488/2014, DATED 18-6-2014 OF
THAMARASSERY SRO
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED
BEARING NO.2311/2021, DATED 16-9-2021 OF
THAMARASSERY SRO
EXHIBIT P3 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE
OF LAND TAX WITH RESPECT TO THE LAND FOR THE
PERIOD 2024 -2025
EXHIBIT P4 TRUE COPY OF THE RECEIPTS DATED 15-3-2024,
SHOWING REMITTANCE OF PROPERTY TAX WITH
RESPECT TO THE BUILDING EXISTING IN THE
PROPERTY
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE
APPLICATION SUBMITTED BY THE PETITIONER FOR
BUILDING PERMIT
EXHIBIT P6 TRUE COPY OF THE PLAN OF THE BUILDING
EXHIBIT P7 TRUE COPY OF THE PROCEEDING BEARING NO.
401142/BPMC03/GPO/2024/3502/(2) DATED
23/8/2024 OF THE 7 1ST RESPONDENT,
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
8-8-2024 ISSUED BY THE VILLAGE OFFICER,
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN (2023 KLT ON
LINE 1225) IN DISTRICT COLLECTOR VS. SAJITH
LAL, PASSED BY THIS HON'BLE COURT
EXHIBIT P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HONBLE COURT IN SIMILAR FACTS ARISING FROM
THE SAME 10 PANCHAYAT VIZ. W.P.(C)
NO.39929/2023 DATED 7-12-2023
2024:KER:80303
[EXHIBIT P11]* [TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN W.P.(C) 2623/2024 DATED
8-2-2024]*
* AS PER ORDER DATED 25.9.2024 IN
I.A.NO.1/2024 IN WP(C)NO.32730/2024, EXHIBIT
P11 IS SUBSTITUTED AS:
EXHIBIT P11 - TRUE COPY OF THE JUDGMENT
IN WP(C) NO. 2623/2024, DATED 8-02-2024
