High Court of KeralaSingle JudgeDisposed of

W.P.(C) Nos. 5717 & 5729 of 2020 (William P. John v. Kaipparambu Grama Panchayath; Chinnamma Michael v. Mulamkunnathukavu Grama Panchayath)

Case / Petition Number:WP(C).No.5717/2020 (M) & WP(C).No.5729/2020 (M)
Neutral Citation:/null

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

Rule 5 of the Kerala Panchayath Building Rules

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 NameCitationTreatmentExplanation
Nafeesa v. Chavakkad Municipality2018 (3) KLT 1PositiveCited 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

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941 WP(C).No.5717 OF 2020(L)** ## **PETITIONER:** **WILLAIM P.JOHN AGED 50 YEARS, S/O. JOHN, PLAKKAL HOUSE, KOLAZHY P.O., THRISSUR DISTRICT.** **BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP** ## **RESPONDENT:** **KAIPARAMBU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KAIPARAMBU, MUNDOOR P.O., THRISSUR-680 546.** ## **SRI.P.C.SASIDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2020, ALONG WITH WP(C).5729/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.5717 & 5729 OF 2020(M)** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941** **WP(C).No.5729 OF 2020(M)** ## **PETITIONER:** **CHINNAMMA MICHAEL AGED 63 YEARS W/O. MATHAI, KALAVANAL HOUSE, MELUKAVU, KOTTAYAM DISTRICT.** **BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP** ## **RESPONDENT:** **MULAMKUNNATHUKAVU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU, THRISSUR 680 581** **SRI.P.C.SASIDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2020, ALONG WITH WP(C).5717/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.5717 & 5729 OF 2020(M)** **3** ## **ALEXANDER THOMAS, J.** ## **===========================** ## **W.P(C) Nos.5717 & 5729 of 2020** **===========================** Dated this the 27[th] day of February, 2020 ## **JUDGMENT** As the issues raised in these two petitions are similar and as the matter is covered by the judgment of this Court in the case in _**Nafeesa v. Chavakkad Municipality**_ [2018 (3) KLT 1], these cases are disposed of on the basis of this common judgment. 2. The petitioners in these two cases are deeply aggrieved by the impugned Ext.P-1 communication issued by the respondent-Grama Panchayath, wherein, the petitioners have been required that their applications for building permit cannot be considered in the absence of development permit, as conceived in Rule 5 of the Kerala Panchayath Building Rules. 3. The prayers in W.P(C)No.5717/2020 are as follows: - _“I. Issue a writ of certiorari or other appropriate writ, order or direction, quashing Exhibit P1 direction issued by the respondent;_ - _II. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent to consider the application of the petitioner referred to in Exhibit P1, without insisting for development permit, within a time limit as may be prescribed by this Hon'ble Court_ **WP(C).Nos.5717 & 5729 OF 2020(M)** **4** ## _And_ - _III. Issue such other orders this Hon'ble Court deem fit and proper for the facts and circumstances of this case.”_ ## 4. The prayers in W.P(C)No.5729/2020 are as follows: - _“I. Issue a writ of certiorari or other appropriate writ, order or direction, quashing Exhibit P1 direction issued by the respondent;_ - _II. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent to consider the application of the petitioner referred to in Exhibit P1, without insisting for development permit, within a time limit as may be prescribed by this Hon'ble Court_ ## _And_ - _III. Issue such other orders this Hon'ble Court deem fit and proper for the facts and circumstances of this case.”_ 5. Heard Sri.Santhosh P.Poduval, learned counsel appearing for the petitioners in these two cases and Sri.P.C.Sasidharan, learned counsel appearing for the respondent-Kaiparambu Grama Panchayath in W.P(C)No.5717/2020. Notice to the respondent in W.P(C)No.5729/2020 will stand dispensed with. 6. It is the common ground that this Court in almost identical factual situations, has rendered judgment in the case in _**Nafeesa v. Chavakkad Municipality**_ [2018 (3) KLT 1], where it has been held that where larger portion of the garden land are subdivided into smaller plots, on which further development is effected, there is no necessity to insist that **WP(C).Nos.5717 & 5729 OF 2020(M)** **5** the applicant to necessarily produce the development permit, as a pre-requisite for considering their application for grant of building permit. The said decision of this Court in **Nafeesa's case** (supra) [2018 (3) KLT 1] was followed by this Court in a series of judgments, as can be seen from Exts.P-2, P-3 & P-4, etc. 7. Accordingly, it is seen that the facts in this case also relate to small plot of land coming to 6.470 cents of land in W.P(C)No.5717/2020 & 5.5081 cents of land in W.P(C)No.5729/2020 and it appears that the subject plot of land does not require any further development, which necessitates the requirement of a development permit, as conceived in Rule 5 of the Kerala Panchayath Building Rules. 8. Accordingly, taking note of the directions already issued by this Court as in cases as in **Nafeesa's case** (supra), it is ordered that the impugned Ext.P-1 will stand quashed and the matter will stand remitted to the respondent-Panchayath concerned to consider the application of the respective petitioners for grant of building permit and decision to be rendered thereon, without much delay, preferably within a period of three weeks from the date of production of a certified copy of this judgment and this shall be so done without insisting on development permit. **WP(C).Nos.5717 & 5729 OF 2020(M)** **6** 9. The Registry will forward a copy of this judgment to the respondent in W.P(C)No.5729/2020, for necessary information, at the cost of the petitioner. With these observations and directions, the above Writ Petitions (Civil) stand finally disposed of. **Sd/-** **ALEXANDER THOMAS JUDGE** vgd **WP(C).Nos.5717 & 5729 OF 2020(M)** **7** ## **APPENDIX OF WP(C) 5717/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF LETTER DATED 11.2.2020 ISSUED BY RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 2.2.18 IN WP(C) 1202/18 OF THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 25.6.19 IN WP(C) 12991/19 OF THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 7.6.16 IN WP(C) 33949/15 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF BASIC TAX RECEIPT DATED 19.12.19 ISSUED BY VILLAGE OFFICER, PERAMANGALAM VILLAGE.** **WP(C).Nos.5717 & 5729 OF 2020(M)** **8** ## **APPENDIX OF WP(C) 5729/2020** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF LETTER DATED 27/12/2019 ISSUED**| |---|---| ||**BY RESPONDENT**| |**EXHIBIT P2**|**TRUE COPY OF JUDGMENT DATED 17/3/17 IN**| ||**W.P(C) 40497/16 OF THIS HON'BLE COURT**| |**EXHIBIT P3**|**TRUE COPY OF JUDGMENT DATED 12/12/2018 IN**| ||**W.P(C) 38396/18 OF THIS HON'BLE COURT.**| |**EXHIBIT P4**|**TRUE COPY OF BASIC TAX RECEIPT DATED 4/7/19**| ||**ISSUED BY VILLAGE OFFICER, KILLANNUR**| ||**VILLAGE**| |**EXHIBIT P5**|**TRUE COPY OF POSSESSION CERTIFICATE DATED**| ||**11/7/19**| |**EXHIBIT P6**|**TRUE COPY OF RECEIPT ISSUED BY THE**| ||**RESPONDENT FOR THE APPLICATION FOR BUILDING**| ||**PERMIT DATED 7/8/19**| |**EXHIBIT P7**|**TRUE COPY OF NOTICE DATED 18/9/19 ISSUED BY**| ||**THE RESPONDENT**| |**EXHIBIT P8**|**TRUE COPY OF LETTER DATED 5/10/19 SUBMITTED**| ||**BY THE PETITIONER.**| |**EXHIBIT P9**|**TRUE COPY OF RECEIPT DATED 5/10/19 ISSUED**| ||**BY THE RESPONDENT PANCHAYAT FOR THE REVISED**| ||**BUILDING PLAN.**| **WP(C).Nos.5717 & 5729 OF 2020(M)** **9**