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Kerala High Court
Abdul Nasar vs Thalakkad Grama Panchayath on 8 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:94825
WP(C) NO. 20762 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA,
1947
WP(C) NO. 20762 OF 2024
PETITIONER/S:
ABDUL NASAR,
AGED 51 YEARS
S/O. SAIDALIKUTTY, MUNDEKKATT HOUSE,
VANIYANNUR, IRINGAVOOR. P.O.,
MALAPPURAM DISTRICT, PIN - 676103
BY ADVS.
SRI.U.K.DEVIDAS
SMT.S.K.SREELAKSHMY
RESPONDENT/S:
1 THALAKKAD GRAMA PANCHAYATH,
1.THALAKKAD, P.O.BETTATH PUTHIYANGADI, MALAPPURAM
DISTRICT. REPRESENTED BY ITS SECRETARY, PIN -
676102
2 SECRETARY,
THALAKKAD GRAMA PANCHAYATH, THALAKKAD,
P.O.BETTATH PUTHIYANGADI, MALAPPURAM DISTRICT,
PIN - 676102
BY ADV SHRI.R.RAJPRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 20762 OF 2024
2
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.20762 of 2024
----------------------------------------------
Dated this the 08th day of December, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. a writ of certiorari or any other appropriate
writ order or direction calling for the
records leading to Ext. P7 and set aside the
defect No. 1 in Ext.P7.
ii. a writ of mandamus or any other
appropriate writ order or direction to the
respondents to renew Ext.P4 building
permit without insist the compliance of
defect No.1 in the Ext.P7 within a
reasonable time.
iii. such other relief's as this Hon'ble Court
deems fit to grant in the nature of this case.
iv. a direction to dispense with filing of the
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WP(C) NO. 20762 OF 2024
translation of vernacular document
produced with this writ petition. (SIC)
2. This writ petition is filed seeking a direction to the
respondents to renew Ext.P4 building permit which was
renewed on 22.04.2021 up to 01.03.2024, without insisting new
conditions. The respondents issued Ext.P4 building permit to
the petitioner and construction of the building is completed.
The petitioner submitted completion certificate and requested
to get the building numbered. It is submitted that the ground
floor was already constructed and the number was already
given. When the petitioner applied for the occupancy certificate
and renewal of building permit as far as the upstair portion is
concerned, the 2nd respondent issued Ext.P7 letter stating that
conversion order under section 27A of the Kerala Conservation
of Paddy Land and Wetland Act, 2008 is necessary for renewal
of building permit. According to the petitioner, the same is not
necessary in the light of the principle laid down by this Court in
Ext.P8 judgment.
3. Heard the learned counsel for the petitioner and the
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WP(C) NO. 20762 OF 2024
learned Standing Counsel for the Panchayat.
4. After hearing both sides, I think there is force in the
argument of the petitioner. This Court, in Ext.P8 judgment,
held that at the stage of renewal of permit which is already
granted and renewed once, additional reasons cannot be cited
for refusal of renewal. Admittedly the ground floor of the
building of the petitioner is completed and a number is already
given. In such circumstances, for the construction of the
upstair portion of the building, imposing additional conditions
is unsustainable. It is covered by Ext.P8 judgment.
Therefore, this Writ Petition is allowed in the following
manner:
1. Ext.P7 is set aside.
2. Respondents are directed to consider the
application for renewal of permit and also
the application for occupancy certificate and
to number the building, dehors the reasons
mentioned in Ext.P7, if it is otherwise in
order.
3. Necessary orders, as directed above, shall
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be passed, as expeditiously as possible, at
any rate, within thirty days from the date of
receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 08.12.2025
Judgment dictated 08.12.2025
Draft Judgment placed 08.12.2025
Final Judgment 10.12.2025
uploaded
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WP(C) NO. 20762 OF 2024
APPENDIX OF WP(C) NO. 20762 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
01.08.2017 OF THE PETITIONER ISSUED BY THE
VILLAGE OFFICER, THALAKKAD
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 02.08.2017 ISSUED BY THE VILLAGE
OFFICER, THALAKKAD
Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 06.12.2017
ISSUED BY THE GOVERNMENT OF KERALA
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO. A4-
BA(44123)/2018 DATED 05.01.2018 ISSUED BY
THE FIRST RESPONDENT
Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS OF THE
BUILDING AND ITS SURROUNDING
Exhibit P6 TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 15.02.2024 OF THE BUILDING NO.5/438
ISSUED BY THE FIRST RESPONDENT
Exhibit P6(a) TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 15.02.2024 OF THE BUILDING NO.5/439
ISSUED BY THE FIRST RESPONDENT
Exhibit P6(b) TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 15.02.20224 OF THE BUILDING NO.5/440
ISSUED BY THE FIRST RESPONDENT
Exhibit P6(c) TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 15.02.2024 OF THE BUILDING NO.5/441
ISSUED BY THE FIRST RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER DATED 08.05.2024
ISSUED BY THE SECOND RESPONDENT
Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN
DAVIS. E.J. V/S. SECRETARY, KUMARAKOM
GRAMA PANCHAYATH (2022 KHC 385)
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED
05.03.2024 IN W.P.( C) NO. 8706 OF 2024
PASSED BY THIS HON'BLE COURT
