Allowed

Rajasree N.P., v. Erathu Grama Panchayat

Kerala HC3 Apr 2024WP(C)/3932/2023

Case brief

AI extract

What is this about?

In a writ petition concerning delayed disposal of development plan and building permit applications, the High Court of Kerala directed the Grama Panchayat to consider and pass orders within six weeks following the Kerala Panchayat Building Rules, 2019.

What did the court decide?

Direction to respondents to consider and pass orders in development plan and building permit applications within six weeks following Kerala Panchayat Building Rules, 2019, if applications are otherwis

Rajasree N.P., Vs Erathu Grama Panchayat — Labour and Industrial Disputes | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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WP(C) NO. 3932 OF 2023

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PETITIONER:

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RAJASREE N.P.,
AGED 55 YEARS

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W/O PUSHPARAJAN, 'CHAITHANYA',KAIPATTOOR,
ANGADICKAL NORTH P.O, KOODAL VILLAGE,
PATHANAMTHITTA DISTRICT - 689 648.

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BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR

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RESPONDENTS:

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1ERATHU GRAMA PANCHAYAT,
ADOOR, PATHANAMTHITTA - 691520,
REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY, ERATHU GRAMA PANCHAYAT, ADOOR, PATHANAMTHITTA, PIN - 691520

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3THE ASSISTANT ENGINEER (LSGD & E & W),
LSGD SECTION, ERATHU GRAMA PANCHAYAT ADOOR,
PATHANAMTHITTA- 691 520.

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BY ADVS.
K.SHAJ
SHRI.K.SHAJ, SC, ERATHU GRAMA PANCHAYAT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3932 OF 2023

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..2..

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MOHAMMED NIAS C.P, J.

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========================

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W.P.(C) No. 3932 of 2023

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========================

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Dated this the 3^rd day of April, 2024

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J U D G M E N T

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The petitioner has preferred Ext.P2 application for the development plan and Ext.P3 application for the building permit. The learned counsel for the petitioner submits that no orders have been passed on the same so far and seeks a direction to the respondents to dispose of the same.

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The panchayat has filed a counter in which it is stated that the petitioner can use the panchayat road as

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access for taking the vehicles. The learned counsel for the petitioner submits that a reply affidavit was filed wherein it pointed out that the plan is to put up a commercial building facing MC Road, on the western side which has more than 16 meters width whereas the panchayat road passing on the northern side, is having only 4.30 meters width. Primafacie, the contention of the learned Counsel for the

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..3..

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WP(C) NO. 3932 OF 2023

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petitioner that his client has the right to choose the elevation, frontage or access has to be accepted subject to the applicable provisions.

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Accordingly, there will be a direction to the respondents to consider and pass orders in Exts.P2 and P3 strictly following Kerala Panchayat Building Rules, 2019, if the applications are otherwise in order, within a period of six weeks from the date of receipt of a copy of the judgment.

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The writ petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P

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JUDGE

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WP(C) NO. 3932 OF 2023

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..4..

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APPENDIX OF WP(C) 3932/2023

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PETITIONER EXHIBITS :

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`EXHIBIT P1` `EXHIBIT P2`	`TRUE` `01/07` `OFFIC` `TRUE` `PROPO`	`COPY` `/2022` `E` `COPY` `SED BU`	`OF` `ISSU` `OF` `ILDIN`	`THE TAX RECEIPT DATED` `ED FROM ERATHU VILLAGE` `THE DRAWING OF THE` `G`
`EXHIBIT P3`	`TRUE` `APPLI` `BEFOR`	`COPY` `CATION` `E FIRS`	`OF` `DAT` `T RES`	`THE BUILDING PERMIT` `ED 04/07/2022 SUBMITTED` `PONDENT`
`EXHIBIT P4`	`TRUE` `30/09` `REGAR` `PROPO`	`COPY` `/2022` `D TO E` `SED LA`	`OF` `ISSU` `ARTH` `ND DE`	`THE CERTIFICATE DATED` `ED BY THE ENGINEER WITH` `CUTTING DETAILS OF THE` `VELOPMENT`

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RESPONDENT EXHIBITS :

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`EXHIBIT R1(A)`	`THE TRUE` `400381/BPRL0`	`COPY` `1/GA/20`	`OF LE` `22/119/(2)`	`TTER NO.` `DATED`
	`19/02/2022,`	`ALONG`	`WITH THE`	`REPORT OF`
	`THE LSGD AS`	`SISTANT`	`ENGINEER,`	`ISSUED BY`
	`THE ASSIS` `PETITIONER`	`TANT`	`SECRETARY`	`TO THE`
`EXHIBIT R1(B)`	`THE TRUE CO` `(ORDINARY)`	`PY OF` `NO.17`	`GOVERNMENT` `95/2021/LSG`	`ORDER G.O` `D` `DATED`
	`18.09.2021` `GOVERNMENT`	`ISSUED`	`BY TH`	`E KERALA`
`EXHIBIT R1(C)`	`THE TRUE`	`COPY`	`OF LE`	`TTER NO.`
	`400381/BPMC0`	`1/GA/20`	`22/2689/(1`	`)` `DATED`
	`25/07/2022,`	`ALONG`	`WITH THE`	`REPORT OF`
	`THE LSGD AS` `THE 2ND RESP`	`SISTANT` `ONDENT`	`ENGINEER,` `TO THE PET`	`ISSUED BY` `ITIONER`
`PETITIONER EXHIB`	`ITS :`

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EXHIBIT P5TRUE COPY OF THE OBJECTION DATED
17/03/2023 SUBMITTED BY PETITIONER
BEFORE THE 2ND RESPONDENT

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// True Copy // PA To Judge

Rajasree N.P., v. Erathu Grama Panchayat

Case brief

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Rajasree N.P., v. Erathu Grama Panchayat

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