Court affirms authority's discretion in processing building permit applications without unnecessary NOC requirements under local laws.

JUDGMENT

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

"i. issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in Exhibit P2 and P3 communications, scrutinize and quash the same;

ii. issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent to issue building permit forthwith on the application evidenced by Exhibit P1.

iii. pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice;

and iv. allow this Writ Petition (Civil) with costs. "

[SIC]

2. The petitioner company and the owners of the adjoining property jointly submitted an application for building permit to the 2^nd respondent on 31.07.2025. Ext.P1 is the online printout evidencing the submission of their application. By Ext.P3 letter, the 2^nd respondent directed the 3^rd respondent to issue a No Objection Certificate (for short ‘NOC’) for the issuance of the building permit. According to the petitioner, no such NOC is necessary from the 3^rd respondent, as per the Kerala Panchayat Building Rules , 2019. Hence this writ petition.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the Panchayat.

4. Admittedly, the Panchayat issued Ext.P2 letter to the 3^rd respondent regarding the necessity of NOC. Now the Government Pleader made available a letter bearing No.DOPAT/DMG/226/2026-M dated 23.03.2026, in which the Geologist informed the 2^nd respondent that the 2^nd respondent can take appropriate decision in accordance with the law.

If that is the case, the 2^nd respondent can take appropriate decision in the building permit application, in the light of the above letter. Therefore, this writ petition is disposed of with the following directions:

i) The 2^nd respondent is directed to consider the building permit application, as evident by Ext.P1, in the light of the letter bearing No.DOPAT/DMG/226/2026-M dated 23.03.2026, if it is otherwise in order, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.