MAVELIKKARA-THEKKEKKARA GRAMA PANCHAYAT Vs. GOPINATHAN PILLAI

JUDGEMENT

(1.) Appellants, who are the respondents 1 and 2 in W.P.(C) No.12066 of 2021, challenges the judgment dtd. 29/7/2021 passed by a learned single Judge of this Court in the aforesaid writ petition filed by the 1st respondent herein seeking a direction to the Secretary, Mavelikkara-Thekkekkara Grama Panchayat, 1st appellant, to issue land development permit to the writ petitioner for extraction and transportation of ordinary earth from the property, for the construction of a residential building.

(2.) Gopinathan Pillai, S/o. Shankarapillai, Kulathintekizhakkathil, Thekkekkara, Allappuzha, writ petitioner, who is the owner of 12.14 Ares of property situated in Re-Survey No. 645/21 of Thekkekkara Village, applied for a building permit to construct a residential building having an area of 178.36 Sq.m. He has submitted Exhibit P1 application seeking for land development permit to remove ordinary earth from the plot owned by him where he is proposing to construct the building and for its transportation.

(3.) Thereafter, the Technical Officer has inspected the site and reported that the earth to be removed for the purpose of construction can be deposited and levelled in the very same property. As there is no 'development' of the land as defined in the Kerala Panchayat Building Rules, 2019 (Rules, 2019' for short), the Secretary, Mavelikkara-Thekkekara Grama Panchayat and Mavelikkara Thekkekkara Grama Panchayat, appellants rejected his application for development permit. At the same time building permit was granted to him. Hence the writ petition.