Allowed

Maman Scaria v. Kavalangad Grama Panchayath

Kerala HC3 Aug 2022WP(C)/15790/2021

Case brief

AI extract

What is this about?

The High Court of Kerala held that applications for land development and building permit under Kerala Panchayat Building Rules are statutory and must be disposed of within a reasonable time. The Court directed the Panchayat to consider and dispose of the petitioner's applications within one month.

What did the court decide?

Directed the 2nd respondent to consider and pass appropriate orders on the Exts.P2 and P3 applications within a period of one month.

Maman Scaria Vs Kavalangad Grama Panchayath — Kerala HC (2022) — LawSathi Research

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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 N.NAGARESH WEDNESDAY, THE 3^RD DAY OF AUGUST 2022 /

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12TH SRAVANA, 1944

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WP(C) NO. 15790 OF 2021

PETITIONER

MAMAN SCARIA

AGED 52 YEARS

S/O. SCARIA, MANGATTU HOUSE, NELLIMATTOM P.O, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN – 686693.

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BY ADVS.

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C.DILIP R.PRADEEP(P-388) ANUSHKA VIJAYAKUMAR

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RESPONDENTS

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1 KAVALANGAD GRAMA PANCHAYATH NELLIMATTOM P.O, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686693, REPRESENTED BY THE SECRETARY.

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2 THE SECRETARY KAVALANGAD GRAMA PANCHAYATH, NELLIMATTOM P.O, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN – 686693.

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BY ADV KAVALANGAD GRAMA PANCHAYATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.15790 of 2021 ]

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J U D G M E N T

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Dated this the 3^rd day of August, 2022

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The petitioner, who is owner of 3 Acres and 81 Cents of land in Neriamangalam Village in Kothamangalam Taluk, falling within the territorial limits of Kavalangad Grama Panchayat, has approached this Court seeking to direct the 2^nd respondent to consider Exts.P2 and P3 applications for land development and building construction and dispose of the same within a time limit as may be specified by this Court.

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Ext.P2 is an application submitted by the petitioner for permit for development/re-development of land. Ext.P3 is an application for Building Permit/regularisation.

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When the writ petition came up for admission, the Standing Counsel representing the respondentPanchayat submitted that those applications, if

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W.P(C) No.15790 of 2021 ]

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received, can be considered and disposed of in a time bound manner.

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This Court finds that Exts.P2 and P3 applications are filed by the petitioner invoking the provisions of the Kerala Panchayat Building Rules. Those being statutory applications, the competent authority has to consider and dispose of the applications within a reasonable time.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to consider and pass appropriate orders on Exts.P2 and P3 applications filed by the petitioner within a period of one month.

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Sd/-

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N. NAGARESH, JUDGE

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smm/08.08.2022

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W.P(C) No.15790 of 2021 4 ]

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APPENDIX OF WP(C) 15790/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTO COPY OF SALE DEED NO.1980/2007 OF S.R.O KOTHAMANGALAM DATED 08.03.2007. Exhibit P2 TRUE PHOTO COPY OF APPLICATION FOR LAND DEVELOPMENT DATED 20.06.2021, SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH E-FILE DETAILS. Exhibit P3 TRUE PHOTOCOPY OF APPLICATION FOR BUILDING PERMIT DATED 20.06.2021 SUBMITTED BEFORE THE SECOND RESPONDENT ALONG WITH E-FILE DETAILS.

Maman Scaria v. Kavalangad Grama Panchayath

Case brief

What is this about?

What did the court decide?

Maman Scaria v. Kavalangad Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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