C.J.Thomas vs The Kodumbu Grama Panchayat
2024 Latest Caselaw 28499 Ker

Kerala High Court

C.J.Thomas vs The Kodumbu Grama Panchayat on 25 September, 2024

WP(C) NO. 30326 OF 2024

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                                                       2024:KER:71260

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                        WP(C) NO. 30326 OF 2024

PETITIONER:

          C.J.THOMAS,
          AGED 56 YEARS
          S/O. LATE C.K JOSEPH, CHIRIYANKANDATH HOUSE,
          8/457,POLY TECHNICAL JUNCTION, MARUTHAROAD P.O,
          PALAKKAD DISTRICT, PIN - 678007


          BY ADVS.
          JACOB SEBASTIAN
          WINSTON K.V
          ANU JACOB
          BHARATH KRISHNAN G.


RESPONDENTS:

    1     THE KODUMBU GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          PANCHAYAT OFFICE, AISWARYA NAGAR,
          CHITTUR ROAD, KODUMBU P.O,
          PALAKKAD DISTRICT, PIN - 678551

    2     THE SECRETARY,
          KODUMBU GRAMA PANCHAYAT, PANCHAYAT OFFICE,
          AISWARYA NAGAR, CHITTUR ROAD,
          KODUMBU P.O, PALAKKAD DISTRICT, PIN - 678551


          BY ADVS.
          SREEHARI R
          HAMZA A.V.(K/1588/2022)
          APARNA M.P.(K/001753/2024)
          VIGNESH S.(K/3697/2022)
          DHANYA C.R.(K/562/2005)
 WP(C) NO. 30326 OF 2024

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                                                           2024:KER:71260


OTHER PRESENT:

            SMT.DEVI SHRI R., GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30326 OF 2024

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                                                                   2024:KER:71260

                            MOHAMMED NIAS C.P., J.
                         ===============================
                            W.P.(C.) No. 30326 of 2024
                        ================================
                   Dated this the 25th day of September, 2024

                                  JUDGMENT

The petitioner challenges Ext.P2 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 the 2nd respondent to consider 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 a

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. 30326 OF 2024

2024:KER:71260

APPENDIX OF WP(C) 30326/2024

PETITIONER EXHIBITS :

EXHIBIT-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 13.07.2024 RELATING TO THE PLOT.

EXHIBIT-P2 A TRUE COPY OF THE COMMUNICATION DATED 12.08.2024 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT-P3 A TRUE COPY OF THE JUDGMENT DATED 29.11.2022 IN W.P.(C) NO.26463/2022 OF THIS HON'BLE COURT.

                 //     True Copy   //   PA To Judge