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2026 Supreme(Online)(Ker) 20477
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, JOHNSON JOHN, JJ
THIDANAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THIDANAD P.O., (VIA) ERATTUPETTA, KOTTAYAM, PIN - 686123 – Appellant
Versus
SUNIL SEBASTIAN – Respondent
WA NO. 699 OF 2026|WP(C) NO.11121 OF 2024
For the Appellants/Petitioners: SRI.GEORGEKUTTY MATHEW
For the Respondents: SRI.T.K.VIPINDAS, SR. GOVERNMENT PLEADER SRI.M.NARENDRA KUMAR
The court upheld an interim order permitting a physical application for a Building Permit when the electronic system was inadequate.
Headnote:The Writ Appeal challenges an interim order mandating the processing of a Building Permit application when the K-smart Portal does not accommodate physical submissions. The High Court upheld the interim order ensuring the Local Self Government Institution's interests, directing a provisional approach to the application despite system limitations. The outcome noted the appellant's obligation to decide on the application within a stipulated timeframe while deferring any contempt proceedings for three weeks.
| Table of Content |
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| 1. challenge of the interim order regarding building permit applications. (Para 1 , 2) |
| 2. court hears arguments from all parties. (Para 3) |
| 3. court's observation on processing and interim decisions. (Para 4) |
J U D G M E N T
Nagaresh, J.
Writ Appeal has been filed against interim order dated
23.07.2025 passed by a learned Single Judge of this Court in W.P.(C) No.11121 of 2024. By the interim order, this Court directed that if an application for provisional Building Permit is filed, the 5th respondent in the writ petition shall process the application. Certain conditions were also incorporated to protect the interest of the Local Self Government Institution. The 5th respondent in the writ petition has filed the Writ Appeal.
2. The contention of the 5th respondent is that the K-smart Portal of the Government does not permit them to accept application for Building Permit physically. Certain other reasons are also given in Ext.P21.
3. We have heard the learned counsel for the appellant, the learned counsel for the writ petitioners and also the learned Government Pleader.
4. The direction in the interim order is to permit the petitioner to submit physical application for provisional Building Permit and directing the Panchayat to process the same provisionally. This interim order was granted as the particular field was not incorporated in the K-smart Portal. The interim order being only provisional and of interim nature. The order has taken care of the interest of the Panchayat, to update the portal at subsequent point of time when the requisite field is incorporated by the Government. We do not find any illegality in the impugned interim order.
The writ appeal is, however, disposed of directing that if the writ petitioners re-present the application for Building Permit within two days, the appellant shall process the same and take appropriate decision thereon within a period of two weeks thereafter. Building Permit application fee tendered by the writ petitioners shall be accepted by the Secretary physically. The Panchayat will also be at liberty to move the K-smart Portal and State Implementation and Monitoring Committee for updation and modification, if the Panchayat so desires. Coercive proceedings in the Contempt of Court proceedings shall stand deferred for a period of three weeks.
