Kerala High Court
Krishnadas S.M vs Elappully Grama Panchayat on 14 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:51873
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 485 OF 2025
PETITIONER:
KRISHNADAS S.M.,
AGED 48 YEARS, S/O SWAMIMALA, SOPANAM, VRUNDAVAN
NAGAR, SASTHAM COLONY, MALAMPUZHA, PALAKKAD DISTRICT,
PIN - 678651
BY ADV.
SRI.ARAVIND GHOSH
RESPONDENTS:
1 ELAPPULLY GRAMA PANCHAYAT,
ELAPPULLY P O, PALAKKAD REPRESENTED BY ITS SECRETARY, PIN
- 678 651
2 VILLAGE OFFICER,
ELAPPULLY 1 VILLAGE OFFICE, PALAKKAD DISTRICT,
PIN - 678 651
3 TAHSILDAR,
PALAKKAD TALUK OFFICE, CIVIL STATION COMPLEX,
PALAKKAD DISTRICT, PIN - 678 001
4 REVENUE DIVISIONAL OFFICER,
PALAKKAD, PALAKKAD TALUK OFFICE,
CIVIL STATION COMPLEX,
PALAKKAD DISTRICT, PIN - 678 001
2025:KER:51873
W.P.(C) No.485 of 2025
: 2 :
BY ADVS.
RAJESH SIVARAMANKUTTY
PREETHA K.K, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.485 of 2025
: 3 :
JUDGMENT
(Dated this the 14th day of July, 2025)
The writ petition is filed to quash Ext.P7 notice
and direct the 1st respondent to issue building permit
and occupancy certificate to the petitioner for the
building constructed under Ext.P2 building permit.
2. The petitioner is the owner in possession of
a property situated within the territorial jurisdiction of
the 1st respondent-panchayat. The petitioner has
constructed a commercial building in the said
property, on the basis of Ext.P2 building permit
obtained by the erstwhile owner. The property was
classified as 'Nilam' and included in the Data Bank. By
Exts.P3 and P5 orders, the property was excluded
from the data bank. When the petitioner completed
the construction of the building, the petitioner
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approached the 1 respondent to number the building
st
and issue occupancy certificate, the 1 st respondent
issued Ext.P7 notice raising untenable objections.
Ext.P7 notice is unjust and arbitrary. Hence, the writ
petition.
3. Heard; the learned Counsel for the
petitioner, the learned Standing Counsel appearing
for the 1st respondent and the learned Senior
Government Pleader appearing for respondents 2 to 4.
4. Indisputably, Ext.P7 is only a notice issued
by 1st respondent to the petitioner. The petitioner has
not submitted any reply to the said notice or produced
the documents that have been sought for in Ext.P7
notice. Therefore, I am of the definite view that the
petitioner's prayer to quash Ext.P7 is unsustainable.
Instead, it would be upto to the petitioner to submit
his reply to Ext.P7 notice and the 1st respondent be
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directed to finalise the proceedings leading to Ext.P7
notice.
In the aforesaid circumstances, I dispose of the
writ petition by permitting the petitioner to submit his
reply to Ext.P7 notice within three weeks from today.
If such reply is submitted to Ext.P7 notice within the
stipulated time period, the 1st respondent shall finalise
the proceedings pursuant to Ext.P7 notice and pass
appropriate orders in accordance with law, and, as
expeditiously as possible, at any rate, within 30 days
from the date receipt of the reply to Ext.P7 notice.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
SRJ
2025:KER:51873
APPENDIX OF WP(C) 485/2025
PETITIONER'S EXHIBITS
Ext.P1 THE TRUE COPY OF THE SALE DEED NO.4784/2019 OF
SRO, PALAKKAD DATED 25/10/2019.
Ext.P2 THE TRUE COPY OF THE BUILDING PERMIT ISSUED
FROM ELAPPULLY GRAMA PANCHAYAT NO.A4-
BA(268306)/2019 DATED 19/09/2019 IN THE NAMEOF
PREVIOUS OWNER A.K.MOITHEENKUTTY.
Ext.P3 THE TRUE COPY OF THE ORDER DATED 16/03/2018
ISSUED BY THE REVENUE DIVISIONAL OFFICER,
PALAKKAD.
Ext.P4 THE TRUE COPY OF THE NOTICE NO.8661/2021 DATED
15/01/2021 FROM PANCHAYAT TO THE PETITIONER
INTIMATING THE MISTAKE IN APPLICATION.
Ext.P5 THE TRUE COPY OF THE ORDER
NO.RDOPKD/3630/2021-J1 DATED 05/11/2021 REVENUE
DIVISIONAL OFFICER, PALAKKAD.
Ext.P6 THE TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE PANCHAYAT DATED 10/08/2023.
Ext.P7 THE TRUE COPY OF NOTICE ISSUED TO THE
PETITIONER FROM PANCHAYAT
NO.400835/BRRL01/GOP/2024/945/(1) DATED
12/03/2024.
Ext.P8 THE TRUE PHOTO GRAPH SHOWING THE POLLACHI-
PARA STATE HIGHWAY, THE EXISTANCE OF TWO
BUILDINGS AND THE WAY PROVIDED FOR THE
COMMON USE BETWEEN TWO BUILDINGS.
Ext.P9 THE TRUE COPY OF THE COMPLETION PLAN
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SUBMITTED BEFORE PANCHAYAT NIL DATED.
Ext.P10 THE TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 2ND RESPONDENT IN THE NAME OF
THE PETITIONER DATED 13/11/2023.
Ext.P11 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 2ND RESPONDENT IN THE NAME OF THE
PETITPIONER DATED 07/08/2024
