Allowed

Reshmi G Pillai, v. the Secretary

Kerala HC28 Jun 2022WP(C)/1820/2022

Case brief

AI extract

What is this about?

Petitioner challenged Panchayat's rejection of building permit, claiming purchase was of small plot not sub-divided. Court allowed petition, setting aside rejection order and directing fresh hearing based on Division Bench precedent exempting small plot purchasers from general development permits.

What did the court decide?

Ext.P7 order set aside; respondents directed to reconsider building permit application and pass fresh orders within one month.

Reshmi G Pillai, Vs the Secretary — Land Acquisition | Kerala HC (2022)

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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.RAVI

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TUESDAY, THE 28 T H DAY OF JUNE 2022 / 7TH ASHADHA, 1944

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WP(C) NO. 1820 OF 2022

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PETITIONER:

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RESHMI G PILLAI, AGED 36 YEARS W/O. S VIJAYAKUMAR, CHEKKINIPPADAM AKATHETHARA, PALAKKAD 678 008.

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BY ADVS. SRI RAJESH SIVARAMANKUTTY SRI V.RAGHUVARAN

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RESPONDENTS:

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1 THE SECRETARY, AKATHETHARA GRAMA PANCHAYATH, AKATHETHARA GRAMA PANCHAYAT OFFICE, PALAKKAD 678 008.

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2 AKATHETHARA GRAMA PANCHAYAT, AKATHETHARA GRAMA PANCHAYAT OFFICE, PALAKKAD 678 008.

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BY ADV SRI U.BALAGANGADHARAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.05.2022, THE COURT ON 28.6.2022 DELIVERED THE FOLLOWING:

W.P.(C)No. 1820/2022

T.R. RAVI, J.

-------------------------------------------- W.P.(C)No.1820 of 2022

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Dated this the 28^th day of June, 2022

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JUDGMENT

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The petitioner purchased 7 cents of property as per Ext.P1 sale deed. The petitioner submits that it is not a sub-divided property. This writ petition is filed challenging Ext.P7 order issued by the respondents rejecting an application for building permit submitted by the petitioner on the ground that the property where the construction is sought to be made requires plot sub-division and development permit as per Rule 4(1) of the Kerala Panchayat Building Rules, 2019.

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2 . In Aneesh P. v. Panjal Grama Panchayat (W.P. (C)No.27104 of 2021) , a learned Single Judge of this Court had followed the proposition laid down in the decision in Nafeesa V. Chavakkad Municipality [2018 (3) KLT 1] and held that the purchaser of a small plot from a large extent of property is not liable to secure any land development permit as contemplated under the Building Rules.

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The decision of the learned Single Judge in Aneesh (supra) was subject matter of an appeal in W.A.No.185/2022 at

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W.P.(C)No. 1820/2022

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the instance of the Panchayat and the Division Bench has confirmed the judgment of the learned Single Judge by judgment dated 25.03.2022. The Division Bench has agreed with the proposition laid down in Nafeesa (supra) and held that in cases of this nature, the applicant cannot be directed to obtain development permit for the entire extent when he has purchased only a small plot out of the whole extent. The petitioner herein is also a person who has purchased a small plot of land. In the light of the judgment of the Division Bench, the petitioner is entitled to succeed in this writ petition.

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The writ petition is hence allowed. Ext.P7 is set aside. The respondents are directed to reconsider the application submitted by the petitioner for building permit in the light of the judgment of the Division Bench of this Court in W.A.No.185/2022 and pass fresh orders within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

dsn

W.P.(C)No. 1820/2022

APPENDIX OF WP(C) 1820/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE REGISTERED SALE DEED NO. 1702/2021 OF SRO, OLAVAKKODE.
Exhibit P2	TRUE COPY OF THE LOCATION SKETCH WITH RESPECT TO THE PROPERTY OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER, AKATHETHARA.
Exhibit P3	TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE AKATHETHARA VILLAGE OFFICER DATED 4.10.2021 TO THE PETITIONER.
Exhibit P4	TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY AKATHETHARA VILLAGE OFFICE, DATED 4.10.2021 TO THE PETITIONER.
Exhibit P5	TRUE COPY OF THE TAX RECEIPT FOR THE PERIOD 2021-2022 ISSUED BY DEPARTMENT OF LAND REVENUE TO THE PETITIONER.
Exhibit P6	TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 8.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P7	TRUE COPY OF THE ORDER DATED 15.11.21 IN NO. A4- 5025/21 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

Reshmi G Pillai, v. the Secretary

Case brief

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Reshmi G Pillai, v. the Secretary

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