Kerala High Court
Navaneeth Prabhanandan vs State Of Kerala on 18 June, 2025
2025:KER:43393
W.P.(C). No.24752 of 2022 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(C) NO. 24752 OF 2022
PETITIONER:
NAVANEETH PRABHANANDAN
AGED 33 YEARS
NAVANEETHAM, KAYYATH ROAD, THALASSERY, KANNUR,
PIN - 670101
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE DISTRICT COLLECTOR
KANNUR DISTRICT, CIVIL STATION, KANNUR,
PIN - 670002
3 THE DISTRICT TOWN PLANNER
OFFICE OF THE DISTRICT TOWN PLANNER, CIVIL STATION
KANNUR, PIN - 670002
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W.P.(C). No.24752 of 2022 :2:
4 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, KERALA STATE TRANSPORT
PROJECT DIVISION, KANNUR, PIN - 670107
5 THE SECRETARY
ERANHOLI GRAMA PANCHAYAT ERANHOLI P.O, KANNUR,
PIN - 670107
6 ERANHOLI GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, ERANHOLI P.O, KANNUR,
PIN - 670107
BY ADVS.
GOVERNMENT PLEADER
SRI.T.RAMESH BABU
SRI.C.K.SREEJITH
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.24752 of 2022 :3:
VIJU ABRAHAM, J.
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W.P.(C) No.24752 of 2022
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Dated this the 18th day of June, 2025
JUDGMENT
The petitioner has approached this Court seeking to quash
Exts.P3, P5 and P6 orders of the 5th respondent Secretary.
2.The petitioner submitted an application for the issuance of a
building permit for construction of an additional floor in the
existing building. Permit was granted as per Ext.P1. As the
petitioner could not complete the structure within the licence
period of three years due to financial constraints, an application for
renewal of the permit has been submitted as per Ext.P2. But the
same was rejected as per Ext.P3 stating that additional conditions
are to be satisfied for renewal of the same. Aggrieved by the same
the petitioner has approached the Adalath conducted by the 2 nd
respondent District Collector, who directed re-submission of
revised application. In spite of the submission of the same, the
application was again rejected by Ext.P7. Later the petitioner was
informed as per Ext.P8 that the application will be duly considered
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after getting report from the authorities concerned, including the
District Town Planner. As no action was taken, another request was
made before the 2nd respondent District Collector as per Ext.P9.
Later the application submitted by the petitioner was again
rejected. The petitioner submits that all these contingencies
happened only because of the subsequent acquisition of his land for
the widening of the National Highway.
3. The learned counsel appearing for the respondent
Panchayat would submit that certain defects have been noted in
the application and on curing the said defects, the application
submitted by the petitioner for renewal of permit will be duly
considered by them. The petitioner would contend that as per the
provisions of the Kerala Panchayat Building Rules, as it stands now,
the request of the petitioner for renewal of the permit could be
granted and a direction may be issued to the respondent Panchayat
to consider the renewal application as per the Building Rules
existing as on date. The learned counsel appearing for the
respondent Panchayat would submit that they have no objection in
considering the application under the Building Rules now in force.
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4. Taking into consideration the above facts and
circumstances, the writ petition is disposed of as follows:
1. There will be a direction to the respondent Panchayat to
consider the application submitted by the petitioner for
renewal of the permit as evident from Ext.P2, taking into
consideration the provisions of the Kerala Panchayath
Building Rules, 2019 existing as on date.
2. This Court is issuing such a direction taking note of the fact
that the contingencies as pointed out by the respondent
Panchayat happened only due to the widening of the National
Highway 66.
3. The petitioner will be free to file regularisation application,
which shall be duly considered by the respondent Panchayat
in accordance with law.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) 24752/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE BUILDING PERMIT NO: A2-
4979/15 DATED 09-08-2016 VALID TILL 08-
08-2019 WITH TYPED COPY
Exhibit P2 COPY OF THE ACKNOWLEDGMENT NO: 5298674
DATED 11-07-2019 ISSUED BY THE 5TH
RESPONDENT SECRETARY
Exhibit P3 COPY OF THE ORDER NO: A2-3514/19 DATED
02-08-2019 OF THE SECRETARY, ERANHOLI
GRAMA PANCHAYAT
Exhibit P4 COPY OF THE LETTER DATED 30-08-2019 TO
THE 5TH RESPONDENT SECRETARY
Exhibit P5 COPY OF THE LETTER NO: A2-3514/19 DATED
04-07-2020 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P6 COPY OF THE LETTER NO: A2-3514/19 DATED
07-08-2020 OF THE SECRETARY, ERANHOLI
GRAMA PANCHAYAT TO THE PETITIONER
Exhibit P7 COPY OF THE LETTER NO: B3-75/2021 DATED
06-01-2021 ISSUED BY THE 5TH RESPONDENT
Exhibit P8 COPY OF THE LETTER NO: A2-3514/19 DATED
30-09-2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P9 COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DISTRICT COLLECTOR ON 07-10-2021
Exhibit P10 COPY OF THE LETTER NO:
KSTP/KANNUR/AE5/GENERAL 2018 ( C) DATED
11-11-2020 OF THE EXECUTIVE ENGINEER, PWD
KSTP DIVISION, KANNUR
Exhibit P11 COPY OF THE LETTER NO: A2/3514/19 DATED
12-10-2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
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Exhibit12 COPY OF THE LETTER NO: B3-4500/21 DATED
27-10-2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P13 COPY OF THE LETTER NO: B3-4970/21 DATED
11-11-2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P14 COPY OF THE LETTER NO: A2-3514/19 DATED
25-11-2021 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P15 COPY OF THE LETTER NO: A2-3514/19 DATED
04-01-2022 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P16 COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
DATED 17.3.2022
