Kerala High Court
Kunhimuhammed vs State Of Kerala on 3 September, 2024
WP(C) No.24153/2024 1/3 Order Date : 03-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
WP(C) NO. 24153 OF 2024
PETITIONER:
KUNHIMUHAMMED, AGED 61 YEARS, S/O. MUHAMMEDKUTTY,
ANGATTUPALLYMALIL, TANALUR AMSOM, AREEKODE DESOM, TIRUR TALUK,
TANALUR P.O, MALAPPURAM DISTRICT, PIN-676103
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, LSGD DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
2. THALAKULATHUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
THALAKULATHUR P.O., KOZHIKODE DISTRICT,REPRESENTED BY ITS SECRETARY,
PIN-673317
3. THE SECRETARY, THALAKULATHUR GRAMA PANCHAYAT, THALAKULATHUR P.O.,
KOZHIKODE DISTRICT, PIN -673317
4. DISTRICT TOWN PLANNER, KOZHIKKODE, CIVIL STATION, KOZHIKODE,
PIN-673020
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to consider Exts.P2 application and
issue building permit to the petitioner without insisting on development
permit for sub division of till the disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
05.07.2024 and upon hearing the arguments of M/S. K.SUJAI SATHIAN,
PREETHI. P.V., MARY LIYA SABU & AISWARYA S. ASHOKAN Advocates for the
petitioner and of M/S. R.SUDHISH & M.MANJU, Advocates for R2 & R3, the
court passed the following:
WP(C) No.24153/2024 2/3 Order Date : 03-09-2024
MOHAMMED NIAS C.P, J.
=================================
W.P.(C.) Nos. 24307, 24153 and 24300 of 2024
==================================
Dated this the 3rd day of September, 2024
ORDER
In all these cases, the Panchayat had declined to grant the building
permit to the petitioners for want of layout approval/development permit. The
issue is covered by the judgments of this Court in favour of the petitioners in
Panjal Grama Panchayat, Trichur & Anr. Vs. Aneesh. P reported in 2022 (2) KHC
775, Srividhya. P Vs. State of Kerala reported in 2023 KHC 9367 and Kristudasi
Convent Vs. Thiruvilwamala Grama Panchayat reported in 2023 KHC 9414.
Accordingly, there will be an interim direction to the 3rd respondent to
consider the applications for building permits submitted by the petitioners,
without insisting on the layout approval/development permits for subdivision.
This shall be done within a month from the date of receipt of a copy of this
order. It is made clear that the order is provisional and subject to further
orders to be passed in the writ petition. The 3rd respondent can insist on all
other conditions in the relevant building rules except the one mentioned
above.
Post on 22.10.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.24153/2024 3/3 Order Date : 03-09-2024
APPENDIX OF WP(C) 24153/2024
Exhibit P1 A. TRUE COPY OF THE LAND TAX RECEIPT
NO.KL11014803635/2024 DT.23.04.2024 WITH RESPECT TO THE
PROPERTY OF THE PETITIONER
Exhibit P2 A TRUE COPY APPLICATION NO.A3/2409/24 WITH REGISTRATION
NO.2359951 DT.09.05.2024
Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT
DATED.20.05.2024
Exhibit P4 A. TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONERS
TO THE 3RD RESPONDENT DATED 27.05.2024
Exhibit P5 A. TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH
RESPONDENT TO THE THIRD RESPONDENT DT.28.05.2024 ALONG
WITH TYPED COPY
Exhibit P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE THIRD
RESPONDENT TO THE FIRST RESPONDENT DATED 12.06.2024
ALONG WITH TYPED COPY
Exhibit P7 A TRUE EXTRACT OF DECISION NO. 21 (1) OF THE COMMITTEE
OF FIRST RESPONDENT HELD ON 11.06.2024 ALONG WITH TYPED
COPY
