Kerala High Court
Santhosh Kumar vs Thrissur Corporation on 3 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:38792
WP(C) NO. 41802 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(C) NO. 41802 OF 2024
PETITIONER:
SANTHOSH KUMAR,
AGED 49 YEARS
S/O. KRISHNAN, MANGALATH PARAMBIL HOUSE,
VADAKKANCHERY P.O., PALAKKAD DISTRICT, KERALA, PIN
- 678683
BY ADVS.
SMT.SENITTA P. JOJO
SMT.VIDHUNA NARAYANAN
RESPONDENTS:
1 THRISSUR CORPORATION,
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
THRISSUR DISTRICT, KERALA, PIN - 680001
2 SECRETARY,
THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR
DISTRICT, KERALA, PIN - 680001
3 CHIEF GENERAL MANAGER,
POWER GRID CORPORATION OF INDIA, MADAKKATHARA,
THRISSUR DISTRICT, KERALA, PIN - 680656
BY ADVS.
SHRI.SANTHOSH P.PODUVAL
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
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WP(C) NO. 41802 OF 2024
2
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.MANJUNATH MENON
SHRI.AJAY BEN JOSE
SHRI.SACHIN JACOB AMBAT
SHRI.HARIKRISHNAN S.
SMT.ANNA LINDA EDEN
SMT.ANAVADYA SANIL KUMAR
SMT.ANJALI KRISHNA
SRI.S.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 41802 OF 2024
3
Dated this the 3rd day of June, 2025
JUDGMENT
The writ petition is filed to quash condition
Nos.2 and 3 in Ext.P4 order and direct the respondents
1 and 2 to re-consider the petitioner's Ext.P3 application
for building permit and also direct the 3rd respondent to
consider the petitioner's Ext.P6 application for a No
Objection Certificate (NOC).
2. The petitioner is the owner in possession of
3.53 Ares of land, covered by Ext.P1 basic tax receipt. In
order to construct a building in the said property, the
petitioner has submitted Ext.P3 application for building
permit. However, by Ext.P4 order, the 2 nd respondent
has rejected the same, insisting the petitioner to
produce the lay out approval and the development
permit. The said conditions are against the law laid
down by this Court in Panjal Grama Panchayat, Thrissur
and Another v. Aneesh P [2022 (2) KHC 775]. Similarly,
the petitioner has also submitted Ext.P6 application
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WP(C) NO. 41802 OF 2024
before the 3rd respondent on 30.10.2024 for an NOC, in
order to comply with condition No.4 in Ext.P4 order.
But the same has not been considered till date. The
inaction on the part of the 3rd respondent is arbitrary.
Hence, the writ petition.
3. The respondents 1 and 2 have filed a counter
affidavit, inter alia, stating that since the petitioner had
purchased the property from one Sujith Srinivasan, who
subdivided the property into 100 plots. The layout
approval and development permit are required as per
Rules 30 and 31 of the Building Rules. Similarly, the
petitioner has to also produce an NOC from the
Electrical Inspectorate as per Rule 22(5) of the Rules.
4. Heard; the learned counsel for the petitioner
and the respective Standing Counsel appearing for the
respondents 1, 2 and 3.
5. In Panjal Grama Panchayat's case(supra), a
Division Bench of this Court has categorically held that,
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WP(C) NO. 41802 OF 2024
there is no need for a development permit when there is
a sub division of plots and roads are provided for the
ingress and egress to each plots purchased by the
subsequent purchasers.
6. In view of the categoric declaration of law in
the afore-cited decision, I am of the view that condition
Nos.2 and 3 in Ext.P4 are untenable. Similarly, Ext.P6
application is pending consideration before the 3 rd
respondent from 30.10.2024. Therefore, I am of the
view that the said respondent is to be directed to
consider the application expeditiously.
In the result, the writ petition is allowed in the
following manner:
(i) Condition Nos. 2 and 3 in Ext.P4 are quashed.
(ii) The 3rd respondent is directed to consider
Ext.P6 application, in accordance with law and as
expeditiously as possible, at any rate, within 30 days
from the date of production of a copy of this judgment.
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WP(C) NO. 41802 OF 2024
(iii) Immediately on receipt of the NOC from the
3rd respondent, it would be up to the petitioner to
submit the same before the 2nd respondent, who shall
then re-consider Ext.P3 application in accordance with
law, and as expeditiously as possible, at any rate, within
one month from the date of production of the NOC from
the 3rd respondent, without insisting for the
development permit and lay out approval.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/3/6/2025
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WP(C) NO. 41802 OF 2024
APPENDIX OF WP(C) 41802/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER OLLUKKARA
VILLAGE DATED 28/05/2024
Exhibit P2 TRUE COPY OF THE ORDER NO. C4-49949/08,
DATED 17/09/2008 OF THE DISTRICT
COLLECTOR THRISSUR ALONG WITH ITS TYPED
COPY IN ENGLISH LANGUAGE
Exhibit P3 TRUE COPY OF THE NECESSARY PAGES OF THE
APPLICATION FOR BUILDING PERMIT
SUBMITTED BY THE PETITIONER TO THE
THRISSUR CORPORATION DATED 08/11/2024
Exhibit P4 COPY OF THE PRINT OUT TAKEN FROM K-SMART
SOFTWARE DATED NIL
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.13842/2017 ALONG WITH ITS CONNECTED
MATTERS DATED 27/07/2018
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT, DATED 30/10/2024, HAVING
ACCEPTANCE SEAL DATED 07/11/2024
