The rejection of a permit application without a proper inquiry and speaking order violates due process under the Kerala Panchayat Building Rules.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"I. To call for the records leading to the issuance of Exhibit P3 letter issued by the 2^nd respondent rejecting the petitioners’ application for Building Permit and Development Permit and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction;

II. To issue a writ of mandamus or any other appropriate writ order or direction directing the 2^nd respondent to reconsider and process the petitioners’ application for Building and Development Permit afresh, strictly in accordance with the Kerala Panchayat Building Rules, 2019, and after affording the petitioner an opportunity of being heard;

III. To dispense with filing of English translations of vernacular documents;

IV. To grand such other reliefs as are just and proper in the nature of this case."

[SIC]

2. The petitioners are aggrieved by Ext.P3 letter issued by the Panchayat rejecting the application submitted by them for building and development permit.

3. Heard the learned counsel appearing for the petitioners, the learned Standing Counsel appearing for respondents 1 and 2 and the learned Government Pleader.

4. This Court perused Ext.P3 letter. A perusal of Ext.P3 would not show that, an inspection was conducted before considering the application. It is also clear from Ext.P3 that, it is not a speaking order. I am of the considered opinion that, Ext.P3 is to be set aside and the matter is to be reconsidered by the Panchayat.

Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P3 is set aside.

2. The 2^nd respondent is directed to reconsider the application submitted by the petitioners for permit, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.