High Court of KeralaSingle JudgeWrit petitions allowed; Ext.P2 set aside; direc...

WP(C) Nos.8727/2022, 8840/2022, 8844/2022 — Jacob P. Mathew; Vinay; Janardhanan v. Kattakampal Grama Panchayat

Case / Petition Number:WP(C) Nos.8727/2022, 8840/2022, 8844/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • T.R.Ravi
Judgment Date
2022-04-01
Court Decision / Holding
These writ petitions are allowed; Ext.P2 communications are set aside; respondents directed to consider building-permit applications without insisting on production of a development permit; orders to be issued within six weeks from receipt of the judgment.
Final Disposition
Writ petitions allowed; Ext.P2 set aside; direction to grant/building permits without separate development-permit requirement; six weeks time for orders.

Parties to the Case

Appellants / Petitioners

  • Jacob P. Mathew
  • Vinay
  • Janardhanan

Respondents

  • Kattakampal Grama Panchayat represented by its Secretary, Katakkampal P.O., Thrissur District, PIN-680 544
  • The Secretary, Kattakampal Grama Panchayat, Katakkampal P.O., Thrissur District, PIN-680 544

Legal Representation & Advocates

Counsels for Petitioners

  • • C.A. Chacko
  • • C.M. Charisma
  • • Alekh Thomas
  • • Babu V.P.

Counsels for Respondents

  • • K.N. Abhilash
  • • Sunil Nair Palakkat

Case Synopsis & Summary

This set of three connected writ petitions challenges Ext.P2 communications issued by the first respondent, directing the petitioners to produce a land development certificate before a building permit can be considered, on land that has already been developed and subdivided into plots. The petitioners contend that requiring a separate development certificate is unnecessary for small extents carved out of larger tracts, and that such a precondition unduly delays legitimate construction. The court frames the dispute within a line of binding authority, noting that in WA No. 1288/2019 this Court held that where purchasers acquire small extents from larger lands, the Local Self Government Authority should not insist on a separate development permit. The Division Bench later confirmed the earlier ruling in Nafeesa v. Chavakkad Municipality (2018 (3) KLT 1). Applying these precedents, the learned Judge observes that the legal policy favors avoiding an extra layer of permit for such purchasers, provided other regulations are observed. Accordingly, the writ petitions are allowed, Ext.P2 is set aside, and the respondents are directed to consider the applicants’ building-permit applications without requiring a development permit. The order directs that necessary actions be completed within six weeks from receipt of the judgment. The decision reflects a pragmatic approach to development in areas already developed and subdivided, ensuring timely housing and infrastructure while preserving essential compliance and oversight.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P2 insisting on a land-development certificate before grant of building permits is unwarranted for land that has already been developed and subdivided; small extents purchased from larger tracts should be exempt from separate development-permit requirements; reliance on this Court's WA No. 1288/2019 and the Nafeesa v. Chavakkad Municipality (2018) decision; building permits should be considered on the basis of compliance with applicable regulations and the petitioners' genuineness and proposed construction.

Contentions of Respondents

The respondents argue that development-permit requirements are part of statutory planning controls; Ext.P2 is a legitimate directive to ensure proper development control; building-permit applications should be conditioned on appropriate development certification; the law requires compliance with planning regulations and the authorities must safeguard development standards.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
WA No. 1288/2019WA 1288/2019PositiveCourt held that purchasers of small extents from larger lands need not produce a separate development permit; relied upon as controlling authority.
Nafeesa v. Chavakkad Municipality2018(3) KLT 1PositiveDivision Bench confirmed the earlier judgment aligning with the principle that development-permit requirements may be relaxed for small purchasers.
WPC No. 20426/2020WPC 20426/2020PositiveJudgment cited as supportive authority for the approach permitting building permits without a separate development permit where applicable.

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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 T.R.RAVI** **FRIDAY, THE 1[ST] DAY OF APRIL 2022 / 11TH CHAITHRA, 1944** ## **WP(C) NO. 8727 OF 2022** ## **PETITIONER:** **JACOB P.MATHEW AGED 60 YEARS S/O JACOB, PANACKAL HOUSE, GREEN GARDEN, THEKKEPURAM, CHITTANJOOR P.O. THRISSUR DISTRICT-680 523** **BY ADVS. C.A.CHACKO C.M.CHARISMA ALEKH THOMAS BABU V.P.** ## **RESPONDENTS:** **1 KATTAKAMPAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KATTAKAMPAL P.O.THRISSUR DISTRICT, PIN-680 544. 2 THE SECRETARY, KATTAKAMPAL GRAMA PANCHAYAT, KATTAKAMPAL P.O.THRISSUR DISTRICT, PIN-680 544.** **BY ADVS. K.N.ABHILASH SUNIL NAIR PALAKKAT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).8840/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 1[ST] DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 8840 OF 2022** **PETITIONER:** **VINAY AGED 41 YEARS S/O PARAMESWARAN, VADAKKUMCHERI HOUSE, KOTTAPPADY P.O.THRISSUR DISTRICT-680 505.** **BY ADVS. C.A.CHACKO C.M.CHARISMA ALEKH THOMAS BABU V.P.** ## **RESPONDENTS:** - **1 KATTAKAMPAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KATTAKAMPAL P.O. THRISSUR DISTRICT, PIN-680 544.** **2 THE SECRETARY, KATTAKAMPAL GRAMA PANCHAYAT, KATTAKAMPAL P.O, THRISSUR DISTRICT, PIN-680 544.** **BY ADVS. K.N.ABHILASH SUNIL NAIR PALAKKAT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).8727/2022, 8844/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 1[ST] DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 8844 OF 2022** ## **PETITIONER:** **JANARDHANAN AGED 44 YEARS S/O PADMANABHAN, SREE PADMAM, KOCHAUTTUVALAPPIL, KOTTAPPADY P.O.THRISSUR DISTRICT-680 505.** **BY ADVS. C.A.CHACKO C.M.CHARISMA ALEKH THOMAS BABU V.P.** ## **RESPONDENTS:** - **1 KATTAKAMPAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KATTAKAMPAL P.O.THRISSUR DISTRICT, PIN-680544** - **2 THE SECRETARY, KATTAKAMPAL GRAMA PANCHAYAT, KATTAKAMPAL P.O.THRISSUR DISTRICT, PIN-680 544.** **BY ADVS. K.N.ABHILASH SUNIL NAIR PALAKKAT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).8840/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 4 ## **JUDGMENT** **[WP(C) Nos.8727/2022, 8840/2022, 8844/2022]** ``` In all these writ petitions, the petitioners are aggrieved by Ext.P2 communications issued by the 1[st] respondent directing them to produce land development certificate, as it is seen that the area where the construction is sought to be made has been developed and subdivided as plots. ``` ``` 2.This Court has in WA No.1288/2019, held that in cases where persons are purchasing small extents of land from out of the larger extents of land, the Local Self Government Authority shall not insist on the production of development permit by such purchasers. The Division Bench had confirmed the earlier judgment in Nafeesa v. Chavakkad Municipality [2018(3) KLT 1]. ``` ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` **==> picture [6 x 8] intentionally omitted <==** ``` In the light of the law laid down by this Court, these writ petitions are allowed. Ext.P2 communications in all these cases are set-aside. The respondents are directed to consider the applications submitted by the petitioners for building permit without insisting on production of a development permit. Necessary orders shall be issued within six weeks from the date of receipt of a copy of this judgment. ``` **Sd/-** **T.R.RAVI JUDGE** ``` spk ``` ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 6 ## **APPENDIX OF WP(C) 8727/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 20.4.2021 ISSUED FROM PAZHANJI VILLAGE OFFICE Exhibit P2 TRUE COPY OF COMMUNICATION DATED 4.2.2022 ISSUED BY 2ND RESPONDENT Exhibit P3 TRUE COPY OF JUDGMENT DATED 3.6.2019 IN WA NO 1288/2019 OF THIS HON'BLE COURT Exhibit P4 TRUE COPY OF JUDGMENT IN WPC NO 20426/2020 DATED 18.11.2020 OF THIS HON'BLE COURT** **RESPONDENT'S/S EXHIBITS : NIL** ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 7 ## **APPENDIX OF WP(C) 8840/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 6.7.2021 ISSUED FROM PANZHANJI VILLAGE OFFICE Exhibit P2 TRUE COPY OF COMMUNICATION DATED 4.2.2022 ISSUED BY 2ND RESPONDENT** **Exhibit P3 TRUE COPY OF JUDGMENT DATED 3.6.2019 IN WA NO 1288/2019 OF THIS HON'BLE COURT Exhibit P4 TRUE COPY OF JUDGMENT IN WPC NO 20426/2020 DATED 18.11.2020 OF THIS HON'BLE COURT** **RESPONDENT'S/S EXHIBITS : NIL** ``` WP(C) Nos.8727/2022, 8840/2022, 8844/2022 ``` 8 ## **APPENDIX OF WP(C) 8844/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 6.7.2021 ISSUED FROM PAZHANJI VILLAGE OFFICE Exhibit P2 TRUE COPY OF COMMUNICATION DATED 4.2.2022 ISSUED BY 2ND RESPONDENT Exhibit P3 TRUE COPY OF JUDGMENT DATED 3.6.2019 IN WA NO 1288/2019 OF THIS HON'BLE COURT Exhibit P4 TRUE COPY OF JUDGMENT IN WPC NO 20426/2020 DATED 18.11.2020 OF THIS HON'BLE COURT** **RESPONDENT'S/S EXHIBITS : NIL**