W.P.(C) Nos. 5717 & 5729 of 2020 (William P. John v. Kaipparambu Grama Panchayath; Chinnamma Michael v. Mulamkunnathukavu Grama Panchayath)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Alexander Thomas
- Judgment Date
- 2020-02-27
- Court Decision / Holding
- Ext.P1 quashed; the matter remitted to the respective Panchayaths to consider the building permit applications without insisting on a development permit, and to decide within a period of three weeks from the certified copy of the judgment.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- WILLAIM P.JOHN
- CHINNAMMA MICHAEL
Respondents
- KAIPARAMBU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KAIPARAMBU, MUNDOOR P.O., THRISSUR-680 546
- MULAMKUNNATHUKAVU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU, THRISSUR 680 581
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. Santosh P. Poduval
- • Smt. R. Rajitha
- • Smt. Chithra S. Babu
- • Sri. R. N. Sandeep
Counsels for Respondents
- • Sri. P. C. Sasidharan, SC
Case Synopsis & Summary
These two writ petitions challenge an Ext.P-1 communication by the Kaipparambu and Mulamkunnathukavu Grama Panchayats insisting that building permits be issued only after obtaining a development permit under Rule 5 of the Kerala Panchayath Building Rules. The petitioners, who own small plots (6.470 cents and 5.5081 cents respectively), contend that their applications for building permits should be considered without the mandatory development permit, particularly since substantial garden land has been subdivided into smaller plots and there is no proposed large-scale development. The court relies on a long line of decisions culminating in Nafeesa v. Chavakkad Municipality (2018 (3) KLT 1) to hold that a development permit is not a precondition for granting a building permit in such circumstances. It notes that Exts.P-2, P-3, P-4 indicate a consistent approach in this Court. Accordingly, the impugned directive is quashed and the matter is remitted to the respective Panchayaths to consider the building permit applications without insisting on a development permit, and to decide within a short time, ideally within three weeks from production of a certified copy of the judgment. The registry is to inform the respondent, ensuring prompt compliance and implementation of this judgment.
Provisions of Law Cited
Legal Doctrines & Maxims
- Development permit is not a prerequisite for grant of building permit in cases where larger garden land is subdivided into smaller plots, as affirmed by Nafeesa v. Chavakkad Municipality (2018 (3) KLT 1) and followed in subsequent judgments.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that Ext.P-1, which requires a development permit under Rule 5 before the building permit can be considered, is unjustified for small plots. They rely on the principle laid down in Nafeesa v. Chavakkad Municipality that subdividing garden land does not warrant insisting on a development permit as a precondition for grant of a building permit, where no large-scale development is contemplated. They pray for quashing Ext.P-1 and for mandamus to consider their applications without demanding a development permit, within a defined time frame.
Contentions of Respondents
The respondents contend that development permits are integral to planning and regulation under Rule 5 and that Ext.P-1 reflects the statutory procedure. They emphasize the need to ensure compliance and proper development control before issuing building permits.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Nafeesa v. Chavakkad Municipality | 2018 (3) KLT 1 | Positive | Cited as the controlling precedent supporting the view that a development permit is not a precondition for grant of a building permit in cases where large plots have been subdivided and there is no intention of further development. |
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Extracted Judgment Text
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