Panchayat authorities cannot demand development permits for small construction projects, as established by prior judgments.

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 construction in a small portion of a land without developing it as construed under the provisions of the Kerala Panchayath Building Rules , a development plan cannot be insisted upon particularly when the extent is very small. The case on hand property having an extent of 4.12 Ares of land situated in Survey No.51/1-51 in Vadakkumkara Village. Hence, the judgments relied above are squarely applicable in its full force to the petitioner application for building permit also. The case on hand, it is submitted that already more than 4.5 meter road frontage is there in the residential building sought to be constructed by the petitioner. The petitioner has no intention to develop the land and in fact development is not at all necessary also. Hence the writ petition.

2. In the light of these averments and contentions, the petitioner has filed the instant writ petition with following prayers:-

(I). Issue a writ of mandamus or order or direction to Respondent to

issue fresh building permit to petitioner for constructing a

residential building on Exhibit-P1 property.

(II). Issue a writ of mandamus or any other appropriate writ or

order or direction calling for records leading to issuance of

Exhibit-P3 communications and set aside the same.

3. Heard Sri. Paulochan Antony P, learned counsel appearing for the petitioner. In the nature of the order proposed to be passed, notice to the respondent, Vellangallur Grama Panchayat will stand dispensed with.

4. Case of the petitioner is that the petitioner has now been served with Ext.P3 communication dated 11.06.2020, issued by the respondent, Secretary of the Vellangallur Grama Panchayat, directing the petitioner that first he should secure development permit, before his application for building permit would be considered. The main contention of the petitioner is that the extent of the property covered by the application for building permit is hardly of 4.12 Ares of land and that in such cases, the development permit is not required or relevant, going by the principles laid down by this Court in the decisions as in Nafeesa & Another Vs.Chavakkad Municipality & Others [ 2018(3) KLT 1 ] which has been followed by this Court in a series of judgments as in WPC No.23281/2011 [ Jayasree Chakalakkal Vs. Kolazhy Grama Panchayath ], WPC No.28614/2019 [ Shine.A.G Vs. Vellangallur Grama Panchayath ] etc., and that the matter inShine's case (Supra) is the one in which the very same respondent Panchayat herein is the respondent therein. Further that, the petitioner was not given an opportunity of being heard before the impugned decision in Ext.P3 has taken.

5. After going through the impugned Ext.P3 order, it is seen that the abovesaid vital contentions raised by the petitioner has not been remotely considered and adverted to by the responde