Beena Dilipkumar v. Thiruvilwamala Grama Panchayath

WP(C) NO. 11997 OF 2024 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 22[ND] DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 WP(C) NO. 11997 OF 2024** ## **PETITIONER/S:** **BEENA DILIPKUMAR AGED 42 YEARS** **W/O LATE DILIPKUMAR, OTTUPARAKKAL HOUSE, THONNURKKARA P.O., CHELAKKARA, THRISSUR DISTRICT, PIN - 680586** **BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S.** ## **RESPONDENT/S:** - **1 THIRUVILWAMALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THIRUVILWAMALA P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680588** - **2 THE SECRETARY, THIRUVILWAMALA GRAMA PANCHAYATH, THIRUVILWAMALA GRAMA PANCHAYATH OFFICE, THIRUVILWAMALA P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680588** ## **BY ADV R.RAJPRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) NO. 11997 OF 2024 2 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------W.P.(C.) No. 11997 of 2024 -------------------------------------Dated this the 22[nd] day of March, 2024** ## **JUDGMENT** ## The above writ petition is filed with following prayers : i) “to issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to the issuance of Exhibit P4 and to quash the same so far as it insists for the production of development permit by the petitioners are the same is unjust, illegal and against the settled position of law laid down by this Hon’ble Court. ii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to issue building permit to the petitioner on the basis of building permit application submitted by the petitioner, without insisting for the production of development permit by the petitioner. iii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to issue building WP(C) NO. 11997 OF 2024 3 permit to the petitioner taking into account the dicta laid down by this Hon’ble Court in decisions reported in 2018 (3) KLT 1 [ **Nafeesa and another – Vs. Chavakkad Municipality and others)** and in 2022 (2) KLT 653 [ **Panjal Grama Panchayat and another Vs. Aneesh.P** ]. iv) to grant such other and further reliefs as this Hon’ble Court may consider just and proper in the facts and circumstances of the case. v) Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language ” [sic] 2. The petitioner submitted an application for building permit along with plan before the 1[st] respondent for the purpose of constructing a residential building in the aforesaid land owned and possessed by the petitioner. The 2[nd] respondent thereafter issued notice to the petitioner stating that on verification and inspection of the application for building permit, in order to process the said application for building permit, he was directed to produce development permit. It is submitted that on receipt of the said notice, the WP(C) NO. 11997 OF 2024 4 petitioner approached the 2[nd] respondent and informed that the land with respect to the application for building permit submitted by the petitioner was known to be a land which was seen subdivided and in terms of the provisions of the Rule 31 of the Kerala Panchayat Building Rules, necessary sanction has to be obtained from the competent authority under the provisions of the Kerala Panchayat Building Rules by producing the development permit from the competent authority. According to the petitioner, the said stand taken by the 2[nd] respondent is unsustainable. In the light of the legal position settled by this Court in **Nafeesa and another v. Chavakkad Municipality and others** [2018 (3) KLT 1] and **Panjal Grama Panchayat and anr. v. Aneesh.P** [2022 (2) KLT 653] in which it is stated that the authority cannot compel the petitioner to secure approved lay out, development permit and development certificate for the consideration of the application for building WP(C) NO. 11997 OF 2024 5 permit for the construction of a residential building. Hence, this writ petition is filed. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Panchayat. 4. After hearing both sides, I think there is some force in the argument advanced by the learned counsel for petitioner in the light of the principles laid down by this Court in **Nafeesa** and **Panjal Grama Panchayat** (supra). Moreover, this Court considered a similar question as far as an adjacent property is concerned, as per a judgment dated 9/2/2024 in W.P.(C) No.41333 of 2023. The legal position is covered by the decision of this Court in **Sreevidya v.State of Kerala** [2023 KHC 9367]. 5. I find substantial merit in the contentions raised by the learned counsel for petitioner based on the definition of development permit in rule 2(ae) of the Kerala Panchayat Building Rules, 2019. In **Sreevidya’s** case (supra), it is held WP(C) NO. 11997 OF 2024 6 that unless a purchaser of the property carried out development of the land, there is no requirement to obtain development permit for the purpose of putting up construction. In so far as the Panchayat has no contention that the petitioner, after purchasing the land, carried out development, the respondents cannot insist for production of development permit as a condition for issuing the building permit. Therefore, this writ petition is disposed of with the following directions: - (1) Ext.P4 is set aside. - (2) The respondents are directed to reconsider Ext.P3 in the light of the discussion made above, as expeditiously as possible, at any rate, within one month from the the date of receipt of a copy of this judgment. - (3) If there is any further defect in the building WP(C) NO. 11997 OF 2024 7 permit application, the petitioner will cure the same once the same is pointed out by the respondents. **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 11997 OF 2024 8 ## **APPENDIX OF WP(C) 11997/2024** **PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED SALE DEED NO. 1027/1/2023 OF SRO, PAZHAYANNUR DATED 15/6/2023 IN FAVOUR OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THIRUVILWAMALA IN FAVOUR OF THE PETITIONER DATED 4/8/2023 FOR THE YEAR 2023-24 Exhibit P2(a) A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 7/8/2023 ISSUED BY THE VILLAGE OFFICER, THIRUVILLWAMALA IN FAVOUR OF THE PETITIONER** **Exhibit P3 A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT WITH PLAN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 22/9/2023** **Exhibit P4 A TRUE COPY OF THE NOTICE WITH NO.400687/BPRL01/ GPO/2023/8997/(2) DATED 18/12/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER** **Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO. 4906 OF 2024 DATED 8/2/2024**