Allowed

Keeneri Jayapalan v. Secretary, Kankole Alappadamba Grama Pan

Kerala HC9 Jul 2010WP(C)/8766/2010

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a building permit application for a residential house. The High Court quashed the rejection communication, holding that a circular cannot override express statutory provisions allowing new building permits. The petitioner was directed to have the application reconsidered under the applicable building rules within one month.

What did the court decide?

Rejection communication quashed; direction to Panchayat to reconsider application per building rules within one month.

Keeneri Jayapalan Vs Secretary, Kankole Alappadamba… — Writ and Judicial Review | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932

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WP(C).No. 8766 of 2010(U)

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-------------------------------------

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PETITIONER:

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-------------------

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KEENERI JAYAPALAN, AGED 33 YEARS, S/O. CHANDAN KUNHI, KANKOLE.P.O, KANNUR DISTRICT.

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BY ADV. SRI.M.V.AMARESAN.

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RESPONDENT:

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----------------------

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SECRETARY, KANKOE - ALAPPADAMBA GRAMA PANCHAYATH, P.O. KANKOLE, (VIA) PAYYANNUR, KANNUR DISTRICT.

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BY ADV. SRI.M.SASINDRAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.8766/2010-U:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE REGISTERED SALE DEED NO.1502/2009 OF S.R.O. PAYYANNUR DTD. 13/04/2009.

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EXT.P.2: COPY OF THE NOTICE BEARING NO. A6-317/10 DTD. 11/02/2010 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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EXT.P.3: COPY OF THE PHOTOS OF THE PETITIONER'S PROPERTY.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

T.R. Ramachandran Nair, J.

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W.P.(C) No. 8766 of 2010-U

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Dated this the 9th day of July, 2010.

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JUDGMENT

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Aggrieved by the rejection of the application for building permit, this writ petition has been filed. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Panchayat.

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Ext.P2 is the copy of the communication issued to the petitioner showing the rejection. The petitioner purchased the property by Ext.P1

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registered sale deed and the property consists of cultivations including coconut trees of the age group about 25 years. Construction sought is for a residential house.

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In Ext.P2 the reasons shown for rejection is that going by the circular dated 18.11.2009 there is no provision for grant of building permit for a new building and permission is there only for granting permit to repair/reconstruct the buildings which were came into existence prior to 10 years.

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Learned counsel for the petitioner submitted that there can be no

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such restriction for constructing a new house and the same is unheard.

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Learned counsel appearing for the Panchayat also could not

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wpc 8766/2010 2

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substantiate any such restriction under any enactment. If at all there is a circular, that cannot override the express statutory provisions of the rules in this regard. Normally, since the building rules have been made applicable, an application for building permit will have to be considered in terms of the building rules. The said rules provide for issuance of permits for new buildings, residential or commercial.

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In that view of the matter, Ext.P2 cannot be supported and the same is quashed. There will be a direction to reconsider the application and pass appropriate orders as per the building rules as applicable to the Panchayat and communicate the same to the petitioner within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

Keeneri Jayapalan v. Secretary, Kankole Alappadamba Grama Pan

Case brief

What is this about?

What did the court decide?

Keeneri Jayapalan v. Secretary, Kankole Alappadamba Grama Pan

Case brief

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What did the court decide?

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