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2022 Supreme(Online)(KER) 40917
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 16TH DAY OF AUGUST 2022/25TH SRAVANA, 1944 WP(C) NO. 25749 OF 2022 PETITIONER VAIDEESWARAN V.
AGED 40 YEARS S/O.VISWANATHAN S., T-5, 4TH FLOOR, AKSHAYA GUNA RESIDENCY, HOBLI, NYANAPPANAHALLI, BEGUR (PO), BANGALORE - 560 068.
BY ADVS.
S.SHANAVAS KHAN S.INDU RESPONDENTS
1 THE VARAPPUZHA GRAMA PANCHAYAT REP BY ITS VARAPPUZHA P.O., ERNAKULAM - 683 517, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY VARAPPUZHA GRAMA PANCHAYAT, VARAPPUZHA P.O., ERNAKULAM - 683 517.
SRI.NIRMAL S (SC) R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 16th day of August, 2022 The petitioner purchased an extent of 1.62 Ares of land situated in Varappuzha Village. The vendor had a Building Permit issued in his name when the petitioner purchased the land. The petitioner constructed the building. Thereafter, the petitioner submitted an application for transferring the Permit in favour of the petitioner.
2. The grievance of the petitioner is that the Panchayat authorities are insisting for production of a Plot Development Permit to transfer the Building Permit issued in favour of the vendor.
3. The counsel for the petitioner would urge that the insistence on Plot Development Permit goes against the law laid down by this Court. Exts.P10 to P15 are the judgments delivered by this Court on the issue.
4. The Standing Counsel for the petitioner submitted that since the petitioner's application for transfer of Building Permit is pending, the same can be considered adverting to Exts.P10 to P15 judgments and a decision can be taken in accordance with law.
In view of the submissions made as above, the writ petition is disposed of, directing the 2nd respondent to consider the application for transfer of Building Permit submitted by the petitioner, in accordance with law, after adverting to Exts.P10 to P15 judgments. A decision in this regard shall be taken within a period of one month.
Sd/-
N. NAGARESH, JUDGE smm/ 19.08.2022 APPENDIX OF WP(C) 25749/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1448/2021 DATED 09/07/2021 OF THE ALANGAD SUB REGISTRY OFFICE.
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED
23/01/2017 ISSUED IN THE NAME OF CHANDRASEKHARAN K.S.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
30/10/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
12/11/2021 OF THE SECOND RESPONDENT.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
13/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
08/02/2022 ISSUED BY THE SECOND RESPONDENT.
Exhibit P7 TRUE COPY OF THE RESOLUTION NO.30/2 DATED 12/06/2018 OF THE 1ST RESPONDENT GRAMA PANCHAYAT.
Exhibit P8 TRUE COPY OF THE RECEIPT DATED
14/06/2018 ISSUED BY THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE LAND TAX RECEIPT DATED 09/06/2021.
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
07/09/2010 IN WP(C) NO.22338 OF 2010 OF THIS HON'BLE COURT.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED
20/10/2011 IN WP(C) NO.23281 OF 2011 OF THIS HON'BLE COURT.
Exhibit P12 TRUE COPY OF THE JUDGEMENT DATED
10/04/2013 IN WP(C) NO.20204/2012 OF THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED
29/07/2020 IN WP(C) NO.14643/2020 OF Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
08/06/2022 IN WP(C) NO.14101/2022 OF THIS HON'BLE COURT.
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED
24/06/2022 IN WP(C) NO.19707/2022 OF
