PANJAL GRAMA PANCHAYAT Vs. ANEESH P

JUDGEMENT

(1.) This appeal is preferred by the respondents in W.P.(C) No.27104 of 2021, challenging the judgement of the learned Single Judge dtd. 10/12/2021, whereby the learned Single Judge allowed the writ petition, quashed Exhibits P6 and P7 notices issued by the 2nd appellant i.e., the Secretary, Panjal Grama Panchayat, Thrissur District and directed the appellants to take up the applications submitted by the writ petitioner for building permit, and consider the same and pass orders within one month from the date of receipt of a copy of the judgement. The subject issue arises under the Kerala Panchayat Building Rules 2019, hereinafter called Rules 2019

(2.) Exhibit P6 is a notice issued by the 2nd appellant dtd. 12/7/2021, whereby the writ petitioner was informed that since the property for which the building permit sought for is deemed to be an area where plot sub-division is required under rule 31(1) of the Rules, 2019, however, the writ petitioner has not submitted the documents related to lay out approval under rule 31(13) of Rules, 2019. Therefore, the writ petitioner was directed to produce the plot layout in accordance with rule 31(13) of Rules, 2019, within 7 days; whereas Exhibit P7 is a notice issued by the 2nd appellant dtd. 16/10/2021, informing the writ petitioner that the land development permit under rule 3(2) of the rules, 2019 for the land including the survey number in question is not available till date, and therefore, informed that the local body Secretary has only the power to regularise construction/land development activities, which have complied with rule 92 of the Rules, 2019, dealing with the power of the Secretary to regularise certain constructions.

(3.) The sum and substance of the case of the appellant Panchayat is that no land development permit was secured by the owner of the property to sub - divide the larger extent of property in his ownership and possession, from whom the writ petitioner has purchased an extent of 3.86 Ares in Panjal Village, Thrissur District as per Exhibit P1 sale deed dtd. 30/3/3021 .