NIGITHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ petitions are heard together, since though the petitioners are different, the issue with respect to granting building permit for construction of residential building; to the petitioners in separate holdings comprised in one larger extent, is the bone of contention. Admittedly the petitioners purchased small parcels of land from a third party, who had in his possession and ownership larger extent of land, which he divided into sub plots and sold to different persons. On submission of application for building permit, the same was declined by two separate orders of the Panchayat, produced as Exhibit P3 in both the writ petitions. The rejection was for the reason that there is no development permit submitted, since there is a sub division of plots from a larger extent.

(2.) THE petitioners challenge the said denial on the ground that it is evident from Exhibit P1 that the land is "jenm" "paramba", i.e., "garden land" and in sub dividing the same into plots and selling it to different owners, there is no "development of land" as contemplated under Rule 2(ac) of the Kerala Panchayat Building Rules, 2011 (hereinafter referred to as "Building Rules"). It is also submitted that while the larger extent was sub divided into plots, the vendor had in fact provided roads for ingress and egress to various plots and that is very evident, since otherwise the small holders would not have purchased the land nor applied for building construction.

(3.) LOOKING at the facts of the instant case, it cannot be said that the petitioners' lands were part of agricultural lands earlier to the purchase by the petitioners. The title deeds would indicate that they were garden lands and were sub divided by the vendor into small plots for sale to different individuals. In fact even in the counter affidavit of the Panchayat, there is no averment that the land was an agricultural land as per the revenue records or that any filling was carried on in the said land for conversion of user. In such circumstance, relying on the judgment of a learned Single Judge of this Court in W.P.(C).No.23281 of 2011 dated 20.10.2011 with respect to the very same Panchayat, it is directed that the respondent-Panchayat shall consider the application submitted by the petitioners for building permit without insisting on any layout or development plan approval and issue the building permit, if the application is otherwise in order, in accordance with law within a period of one month from the date of receipt of the certified copy of this judgment. The writ petitions are allowed. No costs.