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2020 Supreme(Online)(KER) 45336

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
MERCY THOMAS – Appellant
Versus
VELLANGALLUR GRAMA PANCHAYATH – Respondent


Advocates:
SRI.P.PAULOCHAN ANTONY

JUDGMENT

The case set up in this writ petition is as follows:-

The petitioner is highly aggrieved by the denial of the building permit for her property to construct a residential building. The petitioner and her son is the absolute owner in possession of the property covered under Exhibit-P1 sale deed. Petitioner approached the Respondent Panchayath for building permit on 18.03.2020 and respondent Panchayath rejected the same with communication dated 11.06.2020 as Exhibit-P3. By Exhibit-P3 communication, the respondent Panchayath informed the Petitioner that since the land in which the petitioner sought to construct a residential building requires documents pertaining to plot sub-division. Only after submitting documents related to plot sub-division; the building permit can be considered. As per the reported judgments in Jayasree Chakalakkal Vs. Kolazhy Grama Panchayath {WPC No.23281/2011}; Nafeesa & Another Vs.Chavakkad Municipality & Others { 2018(3) KLT 1 } and Shine.A.G Vs. Vellangallur Grama Panchayath {WPC No.28614/2019}; this Court held that panchayath cannot insist that he should obtain a development plan before construction in the property. When a person intends to make a

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