HASHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's daughter is the owner of an extent of 0.0154 Hectares of land comprised in Resurvey No.195/7-15 and 0.0170 Hectares of land in Resurvey No.195/7-16 of Pozhuthana Village, Vythiri Taluk, Wayanad District, which was purchased by the petitioner as per Ext.P1 Sale Deed.

(2.) The petitioner constructed a residential building in the said property and submitted Ext.P4 application for regularisation of the said construction. The said application was rejected by the 2nd respondent by Ext.P5 stating that the petitioner has not obtained the layout approval/ development permit under Rule 31(xii) of the Kerala Panchayat Building Rules, 2019. Ext.P5 is impugned in this writ petition.

(3.) Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 2 and 3 and the learned Senior Government Pleader appearing for the 1st respondent. 3. The learned counsel for the petitioner submits that the petitioner has purchased only a small extent of land and is not bound to obtain a development permit. The learned counsel relies on the decisions reported in Panjal Grama Panchayat v. Aneesh [2022 (2) KLT 653] and Nafeesa v. Chavakkad Municipality [2018 (3) KLT 1] and submits that in respect of small extent of property, where a person intends to construct a residential building, there is no necessity for obtaining a development permit.