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2022 Supreme(Online)(KER) 36803

HIGH COURT OF KERALA
N. NAGARESH, J
K.M.ANILKUMAR – Appellant
Versus
VYTHIRI GRAMA PANCHAYAT – Respondent


Advocates:
K.J.JOSEPH (ERNAKULAM), MANOJ RAMASWAMY-R1 AND R2 SMT.VIDYA KURIAKOSE GP

JUDGMENT

Dated this the 20th day of December, 2022 The petitioner is before this Court aggrieved by the action of the 2nd respondent-Secretary to the Grama Panchayat in not issuing Building Permit to the petitioner. 2. The petitioner states that he is the absolute owner in possession of 24.65 Ares of land in Chundale Village, Vythiri Taluk in Wayand District. According to the petitioner, the land originally belonged to Sunderlingam Estate and Balaji Estate and was devolved upon the predecessors of the petitioner.

3. After the purchase of land by the petitioner, he submitted Ext.P4 application for Building Permit before the 2nd respondent-Secretary to the Grama Panchayat for construction of a Special Residential building. The application stands rejected as per Ext.P5 communication. It is aggrieved by Ext.P5 that the petitioner is before this Court.

4. A perusal of Ext.P5 would show that the application for Building Permit has been declined by the 2nd respondent on the ground that the land in question is one which was exempted under Section 81 of the Kerala Land Reforms Act. According to respondents 1 and 2, no building can be constructed on an exempted land.

5. Standing Counsel entere

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