Allowed

Jihinu M.N v. 1. Nedumangad Municipality

Kerala HC11 Aug 2023WP(C)/11444/2023

Case brief

AI extract

What is this about?

Petitioners sought a Building Permit without a Development Permit for their purchased land intended for single-house construction, not subdivision. The Court applied precedents holding that Development Permits are required only for land subdivision and directed the Municipality to consider the application without insisting on such permits within two months.

What did the court decide?

Directed the 2nd respondent-Secretary to the Municipality to consider the Building Permit application submitted by the petitioners dated 19.12.2022 without insisting for Development Permit and pass ap

Jihinu M.N Vs 1. Nedumangad Municipality — Municipal and Town Planning | Kerala HC (2023)

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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

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FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945

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WP(C) NO. 11444 OF 2023

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PETITIONERS:

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1JIHINU M.N
AGED 41 YEARS
S/O. MUHAMMED HANEEFA, SACHU MANZIL, PUTHUKULANGARA P.O,
THIRUVANANTHAPURAM DISTRICT ., PIN - 695541

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2SAJNA.M.S
AGED 34 YEARS
W/O JIHINU M.N, SACHU MANZIL, PUTHUKULANGARA P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
BY ADVS.
SALIM V.S.
A.M.FOUSI
A.B.AJIN

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RESPONDENTS:

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1 NEDUMANGAD MUNICIPALITY NEDUMANGAD P.O, THIRUVANANTHAPURAM-695 541 REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY NEDUMANGAD MUNICIPALITY, NEDUMANGAD P.O THIRUVANANTHAPURAM ., PIN - 695541

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ADV.R.B.RAJESH,STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.11444 OF 2023

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JUDGMENT

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Dated this the 11^th day of August, 2023

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The petitioners, who are owners of 2.84 Ares of land in

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Nedumangad Village of Nedumangad Taluk in Thiruvananthapuram District, have approached this Court seeking to direct the 2^nd respondent-Secretary to the

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Nedumangad Municipality to issue Building Permit to the petitioners on the basis of application dated 19.12.2022 submitted by the petitioners without insisting for approved layout, Development Permit and Development Certificate.

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The petitioners state that the petitioners purchased

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an extent of 2.84 Ares of land in the year 2022. The petitioners applied for Building Permit. The 2^nd respondent-Secretary to the Municipality insisted that the petitioners shall produce a Development Permit. It is aggrieved by the said stand of the 2^nd respondent that the petitioners are before this Court.

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WP(C) NO.11444 OF 2023

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Counsel for the petitioners submitted that the

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petitioners only want to construct a house in 2.84 Ares of land and do not intend to develop the property. If the petitioners have purchased land from a person holding a larger extent of area, that by itself will not justify the insistence for Development Permit.

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Counsel for the petitioners relied on a judgment of this Court in Panjal Grama Panchayat and another v. Aneesh P [2022 (2) KLT 653] which confirmed an earlier judgment of this Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1] . In view of the judgments of this Court, the petitioners are entitled to get a Building Permit without applying for Development Permit, contended the counsel for the petitioners.

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Standing Counsel entered appearance on behalf of the respondents and resisted the writ petition. The Standing Counsel controverted all the material allegations made by the petitioners in the writ petition. It is submitted on behalf of the

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WP(C) NO.11444 OF 2023

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respondents that since the plot of the petitioners is forming part of a larger area, a Development Permit is indeed necessary in

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the light of the provisions contained in the Kerala Panchayat Building Rules.

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I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the respondents.

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This Court has considered the question of requirement of a Development Permit for obtaining a Building Permit. In Philip Thomas v. Geologist [2021(5) KLT 227] , this Court held that the Building Rules do not provide for issuance of Development Permit in cases where building construction does not involve subdivision of plots. A Development Permit under the Building Rules is required only when there is development of land by dividing land into plots. In the petitioners’ case, the petitioners do not intend to subdivide any land into plots.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent-Secretary to the Municipality to

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WP(C) NO.11444 OF 2023

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consider the Building Permit application submitted by the petitioners dated 19.12.2022 without insisting for Development

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Permit and pass appropriate orders thereon, within a period of

two months.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.11444 OF 2023

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APPENDIX OF WP(C) 11444/2023

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PETITIONER EXHIBITS

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Exhibit-P1THE TRUE COPY OF SALE DEED NO.2325/2022
DATED 05.09.2022 OF SRO NEDUMANGAD.
Exhibit-P2THE TRUE COPY OF THE OBJECTION LETTER
NO. BA/1035/0559/2022 ISSUED BY THE 2ND
RESPONDENT.
Exhibit-P3THE TRUE COPY OF THE REJECTION LETTER
DATED 02.02.2023.
Exhibit-P4TRUE COPY OF JUDGMENT DATED 10.06.2022
IN WP(C) NO.18035 OF 2022.
Exhibit-P5TRUE COPY OF THE JUDGMENT DATED
13.12.2022 IN WA NO.1812/2022 OF THE
HONORABLE HIGH COURT OF KERALA.

Jihinu M.N v. 1. Nedumangad Municipality

Case brief

What is this about?

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Jihinu M.N v. 1. Nedumangad Municipality

Case brief

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