2025:KER:26863 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 2551 OF 2025 PETITIONER/S: ANILA S.,AGED 32 YEARS, D/O. SUKUMARAN, AKHILALAYAM, VEDARAPLAVU, CHARUMMOODU P.O., CHUNAKKARA, ALAPPUZHA DISTRICT-690505 REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SUKUMARAN, AGED 63 YEARS, S/O. NARAYANAN, AKHILALAYAM, VEDARAPLAVU, CHARUMMOODU P.O., CHUNAKKARA, ALAPPUZHA DISTRICT, PIN - 690505 BY ADVS. RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW NEENA ELISABATH ANTONY RESPONDENT/S: 1 THE THAZHAKKARA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE, KALLIMEL P.O., VETTIYAR VILLAGE, MAVELIKARA TALUK, PIN - 690509 2 THE SECRETARY,THAZHAKKARA GRAMA PANCHAYAT, GRAMA PANCHAYAT OFFICE, KALLIMEL P.O., VETTIYAR VILLAGE, MAVELIKARA TALUK, PIN - 690509 BY ADV RASHEED C.NOORANAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No.2551 of 2025 2 2025:KER:26863 JUDGMENT The petitioner is aggrieved by the Ext.P9 notice issued by the 2nd respondent, while processing the application submitted by the petitioner for building permit. As per Ext.P9, the petitioner was required to submit a fresh application for permit by avoiding the earth cutting. The specific case of the petitioner is that the same is beyond the competence of the 2nd respondent, as the said condition cannot be imposed by the 2nd respondent. According to the petitioner what is required to be considered while taking a decision on the application for building permit is whether the petitioner had complied with the conditions stipulated in the Kerala Panchayat Building Rules. 2. After hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I am of the view that, the application submitted by the petitioner has to be considered on merits instead of requiring the petitioner to submit a revised permit by avoiding the earth cutting. Therefore, this writ petition is disposed of, directing the 2nd W.P.C No.2551 of 2025 3 2025:KER:26863 respondent to consider the application submitted by the petitioner for building permit on merits, i.e, to consider whether it is compliance of the provisions in the Kerala Panchayat Raj Act. 1994. However, it is clarified that, if the excavation in the property is beyond 1.5 meters depth, the Panchayat will be free to impose conditions as per Rule 10 of the Kerala Panchayat Building Rules. In case the petitioner requires transportation of the ordinary earth outside the property of the petitioner, the petitioner has to obtain transit passes under Rule 14 of the Kerala Minor Mineral Concession Rules, 2015. Subject to the above, a decision shall be taken by the 2nd respondent, dehors Ext.P9 on the application submitted by the petitioner for building permit within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No.2551 of 2025 4 2025:KER:26863 APPENDIX OF WP(C) 2551/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED EXECUTED AS DOCUMENT NO.325/2023 DATED 28/02/2023 OF SRO, CHERIYANAD Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 15/11/2024 ISSUED FROM THE VILLAGE OFFICE, VETTIYAR Exhibit P3 A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 22/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE LAND DEVELOPMENT PLAN SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT P3 APPLICATION FOR BUILDING PERMIT Exhibit P5 A TRUE COPY OF THE BUILDING PLAN PRODUCED BY THE PETITIONER ALONG WITH EXHIBIT P3 APPLICATION BEFORE THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 27/12/2023 ISSUED FROM THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 20/12/2024 SUBMITTED BY THE PETITIONER THROUGH HER POWER OF ATTORNEY HOLDER BEFORE THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 20/12/2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT W.P.C No.2551 of 2025 5 2025:KER:26863 Exhibit P9 A TRUE COPY OF THE NOTICE DATED 28/01/2024 ISSUED BY THE 2ND RESPONDENT SERVED ON THE POWER OF ATTORNEY HOLDER OF THE PETITIONER ON 20/12/2024 Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 13/08/2024 OF THIS HON’BLE COURT IN W.P.(C) NO.20276/2024