Disposed

Laila, v. Secretary, Vadanapally Grama Panchayat

Kerala HC13 Dec 2022WP(C)/29993/2022

Case brief

AI extract

What is this about?

In a writ petition regarding building permit denial without a development permit, the Court set aside the show-cause notice. The petitioner undertook to produce documents, and the authority was directed to reconsider the application afresh within one month, with no opinion expressed on the underlying facts.

What did the court decide?

Ext.P2 set aside; direction to 1st Respondent to consider building permit application afresh within one month after hearing the petitioner.

Laila, Vs Secretary, Vadanapally Grama Panchayat — Municipal and Town Planning | 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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 13TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944
WP(C) NO. 29993 OF 2022

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PETITIONER:

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LAILA,
AGED 51 YEARS
W/O HAMZA, KARAPPAMVEETIL HOUSE VADANAPALLY,
THRITHALLOOR P.O,
THRISSUR-680619.
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL

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RESPONDENTS:

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1 SECRETARY, VADANAPALLY GRAMA PANCHAYAT, GRAMA PANCHAYAT OFFICE VADANAPALLY P.O, THRISSUR680614.

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2STATE OF KERALA,
REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENT
DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.

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BY ADVS.
S.U.NAZAR
SAIRA SOURAJ P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.29993 of 2022.

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JUDGMENT

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Dated this the 13th day of December, 2022 .

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The petitioner states to be the owner and in possession of 2 Ares 43 Sq.m of property in Sy.No.264/19 in Vadanapally Village, Thrissur District by virtue of Ext.P1 sale deed. The petitioner submitted an application for building permit for construction of a residential building in the said property. However, by Ext.P2, the petitioner was informed that she has to produce development permit for consideration of the application for building permit. The petitioner contends that as per Rule 31 of the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as 'Rules', for short), development permit is not required in respect of her

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W.P.(C) No.29993 of 2022.

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property which comes only to 2.43 Ares and that Ext.P2 has been issued without taking into consideration the actual extent of the property and the relevant rules.

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The learned Standing Counsel for the 1^st respondent submits that the petitioner has not produced the required documents along with the application for building permit.

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The learned counsel for the petitioner submits that the petitioner will produce all required documents for consideration of the application. The 1^st respondent shall, therefore, have a revisit of Ext.P2 and for the said purpose, Ext.P2 is set aside. There will be a direction to the 1^st respondent to consider the application of the petitioner for building permit afresh, after hearing the petitioner and in accordance with law. Fresh orders shall be passed within a period of one month from the date of

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W.P.(C) No.29993 of 2022.

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receipt of a copy of this judgment. It is made clear that this Court has not expressed any opinion on the merits of the application for building permit filed by the petitioner. This writ petition is disposed of with the said direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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Raj. 13.12.2022.

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W.P.(C) No.29993 of 2022.

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APPENDIX OF WP(C) 29993/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE SALE DEED DATED
14.07.2022 OF SRO VADANAPALLY.

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Exhibit P2A TRUE COPY OF THE LETTER DATED
01/09/2022 ISSUED BY THE 1ST
RESPONDENT.

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Exhibit P3A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C) NO.20204/2012
DATED 10.04.2013.

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Exhibit P4A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C) NO.12075/2017
DATED 07.04.2017.

Laila, v. Secretary, Vadanapally Grama Panchayat

Case brief

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Laila, v. Secretary, Vadanapally Grama Panchayat

Case brief

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