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2026 Supreme(Online)(Ker) 3538

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ANZAR MUHAMED – Appellant
Versus
THE KADUTHURUTY GRAMA PANCHAYATH – Respondent
WP(C) NO. 5921 OF 2020



Advocates:
For the Appellants/Petitioners: SHRI.V.K.PEERMOHAMED KHAN, SRI.C.J.CHACKO, SRI.V.RENJITH
For the Respondents: SRI.JUSTINE JACOB, SHRI.K.S.ARUN KUMAR, RAJEE P MATHEWS, GP, SMT DEEPA V

The court directed timely consideration of a building permit application, affirming the necessity to comply with extant land utilization regulations.

Headnote:This judgment addresses a writ petition seeking a mandamus to compel the consideration of a building permit application as per the Kerala Land Utilization Order (KLU). The Court emphasized the necessity for timely action on the permit application and upheld the authority's discretion in deciding per legal standards. The Court ordered the 1st respondent to act expeditiously within 30 days regarding the application, considering the KLU order.

Table of Content
1. petition for building permit consideration. (Para 1 , 2)
2. arguments on klu order relevance. (Para 3)
3. court's order on application processing. (Para 4)

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“1. Issue a writ of mandamus or other appropriate writ order or direction to direct the 1st respondent to e consider the application for permit and issue building permit to the petitioner, which is pending before the 1st respondent as revealed in Ext.P1, within a time frame as fixed by this Honourable Court.

2. To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case. ” [SIC]

2. The main prayer in this writ petition is to issue a direction to the 1st respondent to consider the application for building permit submitted by the petitioner, as revealed from Ext.P1. The petitioner relied Ext.P5 order issued by the 2nd respondent in accordance to the Kerala Land Utilization Order (KLU).

3. Heard the learned Standing Counsel appearing for the Panchayat and the learned Government Pleader. The Government Pleader submitted that the KLU order is only regarding to one survey number.

4. This writ petition is pending before this Court from 2020 onwards. I am of the considered opinion that this writ petition need not be retained here. There can be a direction to the 1st respondent to consider the petitioner’s building permit application in the light of Ext.P5. I make it clear that the 1st respondent is free to take appropriate decision in accordance with law.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 1st respondent is directed to consider the building permit application of the petitioner, as revealed from Ext.P1, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a certified copy of this judgment.

2. While deciding the matter, the 1st respondent will consider the applicability of Ext.P5 KLU order also.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj

Judgment reserved NA
Date of Judgment 27.01.2026
Judgment dictated 27.01.2026
Draft Judgment placed 27.01.2026
Final Judgment uploaded 28 .01.2026
APPENDIX OF WP(C) NO. 5921 OF 2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE

1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT CALLING FOR THE REPORT EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, KADUTHURUTHY EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER, KADUTHURUTHY EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE

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