High Court of KeralaSingle JudgeDisposed of with directions; Ext.P2 set aside; ...

W.P.(C). Nos. 2696 of 2023 and 2705 of 2023 (Biju O.V. and Vipin C.P. v. Nalleppilly Grama Panchayat & Secretary, Nalleppilly Grama Panchayat)

Case / Petition Number:WP(C) Nos. 2696 of 2023 and 2705 of 2023
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Viju Abraham
Judgment Date
2023-03-06
Court Decision / Holding
Ext.P2 communication is set aside. There will be a direction to the 2nd respondent to consider the building permit applications submitted by the petitioners and to pass orders in accordance with the Kerala Panchayat Building Rules, without insisting on production of a land development permit, within three weeks from receipt of a copy of the judgment. The right of the respondents to proceed against the developer pursuant to Ext.R1(d) notice is left open.
Final Disposition
Disposed of with directions; Ext.P2 set aside; 2nd respondent to consider and pass orders on building permit applications under Kerala Panchayat Building Rules without requiring a land development permit, within three weeks; right to proceed against the developer left open to be pursued under Ext.R1(d).

Parties to the Case

Appellants / Petitioners

  • Biju O.V.
  • Vipin C.P.

Respondents

  • Nalleppilly Grama Panchayat, Nalleppilly P.O., Palakkad District
  • The Secretary, Nalleppilly Grama Panchayat, Nalleppilly P.O., Palakkad District

Legal Representation & Advocates

Counsels for Petitioners

  • • Jacob Sebastian K.V. Winston
  • • Anu Jacob
  • • Divya R. Nair

Counsels for Respondents

  • • Nirmal S

Case Synopsis & Summary

These two writ petitions challenge Ext.P2, a communication issued by the 2nd respondent, rejecting the petitioners’ applications for building permits on the ground that land development permit under Rule 31 of the Panchayat Building Rules, 2019 is not obtained. The petitioners bought modest plots in Nalleppilly Village, Palakkad District, for the purpose of constructing houses. They argue that the land is dry, not yet subjected to large‑scale development, and that subdivision and development were not carried out as envisaged under the Building Rules; hence there is no obligation to secure a separate land development permit for a small plot and a single dwelling. They rely on precedents including Nafeesa v. Chavakkad Municipality & Anr. (2018 KHC (3) 473) and Panjal Grama Panchayat v. Aneesh P (2022 (2) KLT 653) to contend that building permits can be considered without a land development permit for such circumstances. The respondents contend that the developer divided plots without development permission and Ext.R1(d) notice has been issued. After hearing, the court held that since the petitioners purchased only small plots for construction and no development as defined has occurred, the Panchayat cannot refuse to consider the building permit applications. Ext.P2 is set aside and directions are issued to consider the building permit applications under the Kerala Panchayat Building Rules, without insisting on a land development permit, and to pass orders within three weeks, with the right to proceed against the developer left open.

Provisions of Law Cited

Rule 31 of the Panchayat Building Rules, 2019Kerala Panchayat Building Rules, 2019

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P2 wrongly requires a land development permit; they purchased small plots for single dwelling and have not undertaken any subdivision or large‑scale development as defined under Rule 31 of the Panchayat Building Rules, 2019. Rule 31 is aimed at builders/developers, not individual homeowners, and there is no statutory requirement for a land development permit in their factual matrix. They rely on Nafeesa v. Chavakkad Municipality & Anr. and Panjal Grama Panchayat v. Aneesh P to argue that consideration of building permits should not be blocked by the absence of a development permit in such limited cases. The relief sought is to permit building construction based on the existing land, without the demanded development permit.

Contentions of Respondents

The Panchayat contends that the developer subdivided plots without obtaining development permission, which is contrary to law, and Ext.R1(d) notice has been issued. Therefore, the building permit cannot be considered unless requirements are met under the Building Rules. The respondents rely on the general mandate to regulate development to ensure compliance with planning and environmental norms.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Nafeesa & Another v. Chavakkad Municipality & Anr.2018 KHC (3) 473PositiveCited by the petitioners as supporting authority; the judgment is relied upon to indicate that land development permits may not be required for small plots, aligning with the petitioners’ position.
Panjal Grama Panchayat and another v. Aneesh P2022 (2) KLT 653PositiveDivision Bench judgment confirming the Nafeesa principle; used to corroborate the petitioners’ stance on building permits without a separate land development permit in limited cases.
W.P.(C). NO.26463/2022W.P.(C). No. 26463/2022Mentioned OnlyCited in petitioners’ exhibits as a prior judgment; its treatment by the court is not discussed or relied upon in the operative decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 6[TH] DAY OF MARCH 2023 / 15TH PHALGUNA, 1944** ## **WP(C) NO. 2696 OF 2023** ## **PETITIONER:** BIJU. O.V AGED 48 YEARS S/O.VASU, 'DIVYA PRABHA', PARUTHIPPULLY P.O, PALAKKAD DISTRICT., PIN - 678573 BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB DIVYA R. NAIR ## **RESPONDENTS:** 1 NALLEPPILLY GRAMA PANCHAYAT NALLEPPILLY P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 678553 2 THE SECRETARY NALLEPPILLY GRAMA PANCHAYAT, NALLEPPILLY P.O, PALAKKAD DISTRICT., PIN - 678553 BY ADV Nirmal S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C).2705/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos.2696 & 2705 of 2023 : 2 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 6[TH] DAY OF MARCH 2023 / 15TH PHALGUNA, 1944** **WP(C) NO. 2705 OF 2023** ## **PETITIONER:** VIPIN C.P AGED 33 YEARS S/O. NARAYANANKUTTY C.P, PALLIYALIL VEEDU, PALLIKURUP P.O, KARAKKURISSI, PALAKKAD DISTRICT., PIN - 678593 BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB DIVYA R. NAIR ## **RESPONDENTS:** 1 NALLEPPILLY GRAMA PANCHAYAT NALLEPPILLY P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 678642 2 THE SECRETARY NALLEPPILLY GRAMA PANCHAYAT, NALLEPPILLY P.O, PALAKKAD DISTRICT., PIN - 678642 BY ADV Nirmal S **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C).2696/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** : 3 : W.P.(C).Nos.2696 & 2705 of 2023 ## **VIJU ABRAHAM, J.** - - - - - - - - - - - - - - - - - - - - - - - - - - ## **W.P.(C). Nos.2696 & 2705 of 2023** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6[th] day of March, 2023 ## **JUDGMENT** The petitioners in these writ petitions have approached this Court challenging Ext.P2 communication issued by the 2[nd] respondent, marked in both the writ petitions, wherein their application for building permit was rejected for the reason that no land development permit has been obtained by the petitioners before developing their land. 2. The petitioner in W.P.(C) No.2696 of 2023 has purchased 2.14 ares of land comprised in Re-Survey Block No.37 and Resurvey No.139/8-11 and the petitioner in W.P.(C).No.2705 of 2023 has purchased 2.02 ares of land comprised in Re-Survey Block No.37 and Re-survey No.140/8-9 in Nalleppilly Village, Chittur Taluk & Palakkad District. Thereafter, the petitioners have applied for a building permit for construction of a house, which have now been rejected by the impugned orders. The petitioners submit that Ext.P2 _inter alia_ says that since the petitioners had purchased a developed land, a land development permit as contemplated under Rule 31 of the Panchayat Building Rules should not be W.P.(C).Nos.2696 & 2705 of 2023 : 4 : obtained. It is also submitted that the said Rule applies to a builder/real estate developer while developing a large extent of property into an integrated township/residential complex. The petitioners have purchased a small extent of dry land for constructing a residential building and they do not intend to develop land further, as contemplated in the Building Rules, 2019 and therefore, there is no requirement for a land development permit. Therefore, Ext.P2 is legally unsustainable. It is also submitted that this issue is covered in favour of the petitioners by the judgment of this Court in _**Nafeesa & Another v. Chavakkad Municipality & Anr. [2018 KHC (3) 473]**_ and also the Division Bench judgment of this Court in _**Panjal Grama Panchayat and another v. Aneesh P [2022 (2) KLT 653]**_ , confirming the judgment in _**Nafeesa**_ case (supra). Relying on the above said judgments, the petitioners submit that the reliefs sought for in the writ petition may be granted. 3. The learned Standing Counsel of the respondents opposed the contentions raised by the petitioners by filing a counter affidavit wherein it is stated that the developer had divided the plots without obtaining a development permit and the same is against law and that is the reason why Ext.P2 order was issued to W.P.(C).Nos.2696 & 2705 of 2023 : 5 : the petitioners. It is also submitted that Ext.R1(d) notice has been issued to the developer also. 4. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 5. Admittedly the petitioners have purchased the property only having a small extent and since the building permit is sought for the construction of a building in the said plot alone and no development defined under the Kerala Panchayat Building Rules has been effected within the plots in question, the respondent Panchayat cannot refuse to consider the applications submitted by the petitioners for building permit. 6. Therefore, Ext.P2 communication is set aside. There will be a direction to the 2[nd] respondent to take up the building permit application submitted by the petitioners and to consider and pass orders on the same, strictly in accordance with the Kerala Panchayat Building Rules and without insisting on the production of development permit by the petitioners. Appropriate steps in this regard shall be taken within a period of three weeks from the date of receipt of a copy of this judgment. The right of the respondents to proceed against the developer pursuant to Ext.R1(d) notice is left open. W.P.(C).Nos.2696 & 2705 of 2023 : 6 : With the aforesaid directions, these writ petitions are disposed of. Sd/- **VIJU ABRAHAM JUDGE** sm/ : 7 : W.P.(C).Nos.2696 & 2705 of 2023 ## **APPENDIX OF WP(C) 2696/2023** ## **PETITIONER's EXHIBITS** Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO: 73164483 DATED 26.11.2022 ISSUED BY NALLEPPILLY VILLAGE OFFICE. Exhibit-P2 A TRUE COPY OF THE COMMUNICATION DATED 13.01.2023 ISSUED BY THE SECOND RESPONDENT. Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 29.11.2022 IN W.P.(C) NO.26463/2022 OF THIS HON'BLE COURT. ## **RESPONDENTs' EXHIBITS** Exhibit R1 (a) True copy of the Letter No.A4-227/2023 dated 28/01/2023 Exhibit R1 (b) True copy of the letter dated 01-02-2023 Exhibit R1 (c) True copy of the letter No.14/2023 dated 07-02-2023 issued by Village Officer, Nallepilly Exhibit R1 (d) True copy of the letter No.400804/BAUV01/GA/2023/227(1) dated 1901-2023 : 8 : W.P.(C).Nos.2696 & 2705 of 2023 ## **APPENDIX OF WP(C) 2705/2023** ## **PETITIONER'S EXHIBITS** Exhibit-P1 A TRUE COPY OF POSSESSION CERTIFICATE NO: 72480528 DATED 11.11.2022 ISSUED BY NALLEPPILLY VILLAGE OFFICE. Exhibit-P2 A TRUE COPY OF THE COMMUNICATION DATED 13.01.2023 ISSUED BY THE SECOND RESPONDENT. Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 29.11.2022 IN W.P.(C) NO.26463/2022 OF THIS HON'BLE COURT. ## **RESPONDENTS' EXHIBITS** Exhibit R1 (a) True copy of the Letter No.A4-227/2023 dated 28/01/2023 Exhibit R1 (b) True copy of the letter dated 01-02-2023 Exhibit R1 (c) True copy of the letter No.14/2023 dated 07-02-2023 Exhibit R1 (d) True copy of the letter No.400804/BAUV01/GA/2023/227(1) dated 1901-2023