Santo v. The State of Kerala, Aloor Grama Panchayath and Secretary, Aloor Grama Panchayath

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 7[TH] DAY OF OCTOBER 2021 / 15TH ASWINA, 1943** ## **WP(C) NO. 8850 OF 2021** ## **PETITIONER:** **SANTO, AGED 39 YEARS, S/O. RAPPAI, THEKKINIATH HOUSE, AVINISSERY VILLAGE, OLLUR P.O., THRISSUR-680306.** ## **BY ADV JOSEPH GOPURAN** ## **RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE ALOOR GRAMA PANCHAYATH, REPRESENTED BY IT'S SECRETARY, KALLETUMKARA P.O., THRISSUR DISTRICT-680683. 3 SECRETARY, THE ALOOR GRAMA PANCHAYATH, KALLETUMKARA P.O., THRISSUR DISTRICT-680683.** **BY ADV SHRI.PHILIP T.VARGHESE, SC, ALOOR GRAMA PANCHAYAT SMT.LITHA (APPEARS FOR PANCHAYATH) SRI.VIPIN NARAYANAN, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.8850/2021** **2** ## **JUDGMENT** **Dated this the 7[th] day of October, 2021** The petitioner, who is owner of 1.47 Ares of land in Survey No.324/7-10 and 1.08 Ares of land in Survey No.324/7-13 and 334/7-13 in the SRO, Kalletumkara Village in Thrissur District has approached this Court seeking to set aside Ext.P4 order and to direct the 3[rd] respondent to consider and pass orders on Ext.P6 application for regularisation without insisting for a Development Permit. 2. The petitioner would state that he purchased the land on 26.05.2020 and submitted an application for Building Permit for construction of a residential house for the petitioner. The petitioner was issued with Ext.P4 letter **WP(C).No.8850/2021** **3** dated 02.11.2020 informing that since a larger extent of land is being subdivided for the purpose of construction of a number of buildings, the petitioner has to obtain a Land Development Permit and the Building Permit can be granted only thereafter. Subsequently, the petitioner filed an application for regularisation of the Building. But the Panchayat Authorities are not processing the application for regularisation. It is in such circumstances that the petitioner is before this Court. 3. The petitioner submitted that the issue arising in this case is covered by a judgment of this Court in _**Nafeesa and Another v. Chavakkad Municipality and Others** [2018(3) KHC 473]_ , in which this Court held that a mere subdivision of land _per se,_ without anything more, would not attract the definition of 'development of land' and that unless in the hands of the purchaser a smaller portion of the land an activity which attracts the definition of **WP(C).No.8850/2021** **4** 'Development of Land' as noticed above is involved there would be no requirement for a person purchasing a plot of land for putting up a construction therein to obtain a Development Permit prior to applying for a Building Permit for the said construction. According to the petitioner, the issue is squarely covered by the afore judgment and the petitioner is entitled to get his application for regularisation considered in accordance with law, without producing any Development Permit. 4. The Standing Counsel entered appearance and opposed the writ petition. The learned Standing Counsel for the 2[nd] respondent-Panchayat submitted that the petitioner has constructed a house in a plot forming part of a larger extent of area. The land has to be necessarily subdivided into plots since pieces of lands are occupied by different persons. Since a subdivision of plots is extremely necessary for the beneficial enjoyment of the property by **WP(C).No.8850/2021** **5** the petitioner, a Land Development Permit is extremely necessary in view of Rule 2(ae) of the Kerala Panchayat Building Rules, 2019. The learned Standing Counsel further pointed out that the petitioner has started and completed the construction even without awaiting for Building Permit and in the circumstances of the case, the application for regularisation cannot be considered. 5. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1[st] respondent and the learned Standing Counsel for the respondents 2 and 3. 6. The petitioner purchased the land in question on 26.05.2020 as per Ext.P1 Sale Deed. Thereafter, the petitioner submitted an application for Building Permit on 13.10.2020. The Building Permit was not issued. Instead, the petitioner was served with Ext.P4 letter informing that since the land is subdivided into plots, the petitioner's **WP(C).No.8850/2021** **6** application for Building Permit can be considered only after obtaining Land Development Permit. This Court in Ext.P5 judgment in W.P.(C) No.27484 of 2020 considered an identical issue and held that unless an activity which attract the definition of “Development of land” is involved at the hands of the holder of a land who intends to put up a construction therein, there will be no requirement to obtain a Development Permit for applying for a Building Permit. 7. In the case of the petitioner, the petitioner holds 2.55 Ares of land and has constructed a residential building. Therefore, the question of Development of Land does not arise. In the circumstances and in view of the judgment in _**Nafeesa**_ (Supra) and the judgment in W.P.(C) No.27484 of 2020 (Ext.P5), the respondents 2 and 3 are not justified in not entertaining the application for regularisation submitted by the petitioner, on the ground of non-production of Development Permit. **WP(C).No.8850/2021** **7** In view of the above, the writ petition is allowed. Ext.P4 order is set aside and the 3[rd] respondent is directed to reconsider Ext.P6 application for regularization submitted by the petitioner without insisting for Development Permit. Sd/- **N. NAGARESH JUDGE** SR **WP(C).No.** **8** ## **APPENDIX OF WP(C) 8850/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.792/1/2020 DATED 26.5.2020. EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.KL08060702208/2020 DATED 13.7.2020. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 23.7.2020 NO.48037077. EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 2.11.2020 NO.SC36084/2020. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.27484/2020 DATED 15.2.2021. EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 28.3.2021 TO THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE RECEIPT FOR REGULARIZATION APPLICATION DATED 28.3.2021 ISSUED BY THE 3RD RESPONDENT.** ## **SR**