Allowed

Siju Tv v. the District Collector

Kerala HC4 Nov 2022WP(C)/31199/2022

Case brief

AI extract

What is this about?

The petitioner challenged the rejection of his building permit application by the fourth respondent. The Court held that the challenged order required re-examination in light of the cited judgment and set it aside. The 4th respondent was directed to reconsider the application within two weeks.

What did the court decide?

Ext.P3 order set aside. Direction to 4th respondent to reconsider application within two weeks.

Siju Tv Vs the District Collector — Service and Employment | 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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FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

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WP(C) NO. 31199 OF 2022

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PETITIONER:

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SIJU TV
AGED 36 YEARS
S/O VASUDEVAN NAIR,
SMITHA NIVAS,
THIRUVILWAMALA. PO,
THALAPPILLI TALUK, THRISSUR, PIN – 680588
BY ADV PRAVEEN K. JOY

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RESPONDENTS:

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1THE DISTRICT COLLECTOR
THRISSUR, FIRST FLOOR,
CIVIL STATION,CIVIL LINES ROAD,
KALYAN NAGAR, AYYANTHOLE,
THRISSUR, PIN - 680003
2THE VILLAGE OFFICER
KANIYARAKKODE VILLAGE OFFICE
KANIYARAKKODE, THALAPILLY TALUK
THRISSUR, PIN - 680594
3THIRUVILWAMALA GRAMA PANCHAYATH
REP BY IT'S SECRETARY,
TEMPLE ROAD, THIRUVILWAMALA,
THRISSUR, PIN - 680588
4THE SECRETARY
THIRUVILWAMALA GRAMA PANCHAYATH
TEMPLE ROAD, THIRUVILWAMALA,
THRISSUR, PIN - 680588
BY ADVS.
BRIJESH MOHAN
R.RAJPRADEEP-SC
SR.G.P-SMT.SURYA BINOY

¶10

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) 31199/2022

JUDGMENT

The petitioner is aggrieved by Ext.P3 proceedings of the 4^th respondent rejecting his application for building permit.

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The application has been rejected stating that as per Rule 31(1) (x) and 31 (1) (xi) of the Kerala Panchayat Building Rules, for the layout for subdivision of land where the number of residential plot is less than 10 and the plot area is less than 0.5 hectare, the approval from the Secretary is required and where the number of plot is above 20 and plot area is above 0.5 hectare, approval from the Town Planner is necessary and therefore, the petitioner has to produce necessary permission from the Secretary of the Panchayat or the Town Planner. According to the petitioner, his property is an independent property having access from panchayat road and in the light of the dictum laid down in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1 ] and Ext. P5 judgment of this Court, Ext. P3 order cannot be sustained.

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Heard the learned counsel for the petitioner, the learned standing counsel for respondents 3 and 4 and the learned Government Pleader.

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WP(C) 31199/2022

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¶19

In the light of the dictum laid down in Ext.P5 judgment, Ext.P3 requires re-visit and is, accordingly, set aside. There will be a direction to the fourth respondent to reconsider the application of the petitioner for building permit and pass appropriate orders thereon within a period of two weeks from the date of receipt of copy of this judgment.

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Writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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WP(C) 31199/2022

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APPENDIX OF WP(C) 31199/2022

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PETITIONER’s EXHIBITS

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Exhibit P1TRUE COPY OF THE TAX RECEIPT WITH NO.
KL08020201375/2022OFKANIYARAKKODE
VILLAGE
Exhibit P2TRUE COPY OF THE PLAN SHOWING THE PROPOSED
CONSTRUCTION OF RESIDENTIAL BUILDING AS
SUBMITTED BEFORE THE 4TH RESPONDENT
Exhibit P3TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT DATED 27.05.2022
Exhibit P4TRUE COPY OF THE REPLY SUBMITTED BEFORE
THE 4TH RESPONDENT DATED 03.06.2022
Exhibit P5TRUE COPY OF THE JUDGMENT IN WA
NO.185/2022 DATED 25.03.2022 OF DIVISION
BENCH OF THIS HON'BLE COURT.

¶28

spc/

Siju Tv v. the District Collector

Case brief

What is this about?

What did the court decide?

Siju Tv v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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