Rajesh.S vs Kodumbu Grama Panchayath
2024 Latest Caselaw 26386 Ker

Kerala High Court

Rajesh.S vs Kodumbu Grama Panchayath on 3 September, 2024

WP(C) NO. 28234 OF 2024

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                                                             2024:KER:66595
                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. 28234 OF 2024

PETITIONER:

            RAJESH.S,
            AGED 50 YEARS
            S/O SUBRAMANIYANRAJESH BHAVANAM, EAST
            YAKKARA,KUNNATHURMEDU.P.O.,
            PALAKKAD DISTRICT, PIN - 678013


            BY ADVS.
            RAAJESH S.SUBRAHMANIAN
            V.R.RAJESH




RESPONDENTS:

    1       KODUMBU GRAMA PANCHAYATH,
            AISWARYA NAGAR, KODUMBU. P.O.,
            PALAKKAD DISTRICT
            REPRESENTED BY ITS SECRETARY, PIN - 678551

    2       THE SECRETARY,
            KODUMBU GRAMA PANCHAYATH,AISWARYA NAGAR,
            KODUMBU.P.O.,PALAKKAD DISTRICT, PIN - 678551


            BY ADVS.
            SUSEEL M.MENON - SC
            U.K.DEVIDAS(K/1122/1993)



     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28234 OF 2024

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                                                                   2024:KER:66595

                           MOHAMMED NIAS C.P., J.
                     =====================================
                           W.P.(C) NO. 28234 OF 2024
                    ======================================
                   Dated this the 3rd day of September, 2024


                                  JUDGMENT

The petitioner challenges Ext.P5 order rejecting his application for a

building permit for want of layout approval/development permit.

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

petitioner by the 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 one month from the date of receipt of a copy of this judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 28234 OF 2024

2024:KER:66595

APPENDIX OF WP(C) 28234/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED NO.2105/24 DATED: 30/04/2024 OF SRO PALAKKAD

EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED:

KL09050305210/2024 DATED: 29/05/2024

EXHIBIT P3 A TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED: 08/06/2024 BEARING NO. 85936962

EXHIBIT P4 A TRUE PHOTOCOPY OF THE BUILDING PERMIT APPLICATION SUBMITTED ONLINE BEARING REGISTRATION NO. 2398598 ALONG WITH THE ACKNOWLEDGEMENT DATED: 17/06/2024

EXHIBIT P5 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED:

01/08/2024 BEARING NO.

400787/BPRL01/GPC/2024/3819(1) ISSUED BY THE 2ND RESPONDENT

EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGEMENT DATED:

05/07/2024 IN WP(C) NO.19120/2024

// True Copy // PA To Judge