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Noushad P.A. v. Anicadu Grama Panchayat

Kerala HC5 Apr 2023WP(C)/4285/2023

Case brief

AI extract

What is this about?

Petitioners challenged a rejection order requiring them to submit a new plan and obtain a development permit for a building project. The court set aside the order citing Nafeesa and Panjal judgments. It directed the respondents to consider the application strictly under Building Rules within one month. The court held that a development permit is only required when land development is undertaken as

What did the court decide?

Jt. Ext.P8 order setting aside the order without any prejudice to the law and justice be, the applicant's application for building permit submitted to the second respondent.

Noushad P.A. Vs Anicadu Grama Panchayat — 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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WP(C) NO.4285 OF 2023

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PETITIONERS :-

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1 NOUSHAD P.A., AGED 58 YEARS S/O.ABDUL KADAR, PATHUPARAMPIL, THRIKKODITHANAM P.O., CHANGANASSERY, KOTTAYAM, PIN – 686 105

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2 BINOY SEBASTIAN, AGED 45 YEARS S/O.K.D.DEVASSIA, KANDAKKERIL HOUSE, PUNNAVELY P.O., KOTTAYAM, PIN – 689 589

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BY ADV CHITHRA CHANDRASEKHARAN

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RESPONDENTS :-

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1 ANICADU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, OFFICE OF THE ANICADU GRAMA PANCHAYAT, FMC9+JWQ, NOOROMMAVU, PATHANAMTHITTA, PIN – 689 589

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2 THE SECRETARY ANICADU GRAMA PANCHAYAT, OFFICE OF THE ANICADU GRAMA PANCHAYAT, FMC9+JWQ, NOOROMMAVU, PATHANAMTHITTA, PIN – 689 589

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SRI.K.SHAJ, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.4285 OF 2023

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-: 2 :-

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JUDGMENT

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Dated this the 5th day of April, 2023

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This writ petition is filed seeking the following reliefs :-

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“(i) Call for the records leading to the issuance of Exhibit P8 order issued by the 2^nd respondent and quash the same by issuing a writ in the nature of certiorari or any other appropriate writ, order or direction.

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(ii) Declare that there is nothing in Exhibit P8 order or in any Act or Rules governing the field there is any provision restricting or disentitling the petitioners from proceeding with the construction as per the building plan submitted by them.

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(iii) Issue a writ of mandamus or any other appropriate writ, direction or order to the 2^nd respondent to pass orders on Ext.P9 request submitted by the petitioners on 21/01/2023 as expeditiously as possible at any rate within a time limit to be prescribed by this Hon'ble Court.

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(iv) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to issue building permit and approved building plan to the petitioners for the construction of the residential building units in terms with Ext.P7 building plan submitted by the petitioners which includes removal of ordinary earth from an extent of 3509.30 M2 and to excavate 13262 M3 quantity of ordinary earth from the property of the petitioner in Re.Sy.No.129/6 in Block No.31 of 'Anicadu Village, Mallappally Taluk, Kottayam without insisting on submission of any new plan as directed by the 2^nd respondent in Ext.P8.”

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WP(C) NO.4285 OF 2023

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-: 3 :-

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Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioners that the petitioners are the owners of 64.10 Ares of land in Resurvey No.129/6 of Block No.31 of Anicadu Village, Mallappally Taluk. It is submitted that the applications submitted by the petitioners for building permit have been repeatedly returned and ultimately rejected by Ext.P8 order stating that the petitioners have to submit a new plan and obtain development permit under Rule 31(1) of the Kerala Panchayat Building Rules, 2019. It is submitted by the learned counsel for the petitioners that the petitioners do not intend to undertake any development activity in the plot in question and that it is only where there is land development as provided for in the Building Rules that a development permit has to be obtained.

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A counter affidavit has been placed on record by the respondents contending that the petitioners' application for building permit involved the removal of indiscriminate amounts of ordinary earth and that the respondents are bound by the Government Order issued and produced as Ext.R1A.

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Having considered the contentions advanced, I am of the opinion that the application submitted by the petitioners is liable to be considered in accordance with law by the respondents.

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WP(C) NO.4285 OF 2023

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Ext.P8 rejection order which requires the obtaining of a development permit is set aside in the light of the judgments of this Court in Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1] and Panjal Grama Panchayat, Thrissur and another Vs. Aneesh. P [2022 (2) KHC 775]. However, the application submitted by the petitioners for building permit shall be considered strictly in accordance with the Building Rules and after conducting due site inspections and ascertaining the quantity of the earth to be removed. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/17.4.2023

WP(C) NO.4285 OF 2023

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APPENDIX OF WP(C) 4285/2023

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 63783743 DATED 10-3-2022 ISSUED IN THE NAME OF THE PETITIONERS BY THE VILLAGE OFFICER, ANICADU VILLAGE OFFICE.
Exhibit	P2 TRUE COPY OF THE RECEIPT NO. KL03030102444/2022 DATED 6-5-2022 SHOWING LAND TAX REMITTED BEFORE THE VILLAGE OFFICER, ANICADE VILLAGE OFFICE.
Exhibit	P3 TRUE COPY OF THE LOCATION SKETCH NO. 415/2022 ISSUED BY THE VILLAGE OFFICER, ANICADU VILLAGE OFFICE DATED 17-9-2022.
Exhibit	P4 TRUE COPY OF THE LETTER NO. SC-3-252/2022 DATED 31-5-2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P5 TRUE COPY OF THE ORDER (PERMIT) NO. B2- 3918/2022/EIPT DATED 31-8-2022 ISSUED BY THE ELECTRICAL INSPECTOR, PATHANAMTHITTA.
Exhibit	P6 TRUE COPY OF THE LETTER NO. TCPPTA/459/2022-C DATED 2-12-2022 ISSUED BY THE TOWN PLANNER, PATHANAMTHITTA.
Exhibit	P7 TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.
Exhibit	P8 TRUE COPY OF THE LETTER NO. 400337/BPRL03/GPO/2022/1800/(2) DATED 12-1-2023 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P9 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS DATED 21-1-2023 BEFORE THE 2ND RESPONDENT.
Exhibit	P10 TRUE COPY OF THE RECEIPT DATED 21-1-2023 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

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WP(C) NO.4285 OF 2023

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RESPONDENT EXHIBITS

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Exhibit R1A THE TRUE COPY OF GOVERNMENT ORDER G.O (ORDINARY) NO.1795/2021/LSGD DATED 18.09.2021

Noushad P.A. v. Anicadu Grama Panchayat

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Noushad P.A. v. Anicadu Grama Panchayat

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