2025:KER:27390 WP(C)No.6544 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 6544 OF 2025 PETITIONER/S: 1 SUVIN, AGED 35 YEARS S/O VELAYUDHAN,CHEENIKKAL VALAPPIL HOUSE, PAMBOOR, KUTTUR P O,THRISSUR DISTRICT, PIN - 680013 2 ALAKA RAJ, AGED 34 YEARS D/O SUSHEELA,CHEENIKKAL VALAPPIL HOUSE, PAMBOOR, KUTTUR P O,THRISSUR DISTRICT, PIN - 680013 BY ADVS. R.T.PRADEEP M.BINDUDAS NIRANJAN T. PRADEEP RESPONDENT/S: 1 PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001 2 TOWN PLANNING OFFICER, KALYAN NAGAR, AYYANTHOLE, AYYANTHOLE P O, THRISSUR, PIN - 680003 3 THOLUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,THOLUR, PARAPPUR P O,THRISSUR, PIN - 680552 4 SECRETARY, THOLUR GRAMA PANCHAYAT,THOLUR, PARAPPUR P O,THRISSUR, PIN - 680552 BY ADV SANTHOSH P.PODUVAL OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27390 WP(C)No.6544 of 2025 2 J U D G M E N T The petitioners are in possession of 4.05 Ares of property comprised in Re-Survey No.274/1-51 of Edakkalathoor Village, Thrissur Taluk in Thrissur District. The petitioners purchased the same as per Ext.P1 sale deed. The grievance of the petitioners is that, the application submitted by the petitioners for building permit for construction of a residential building as evidenced by Ext.P5 has not been considered by the 4th respondent on the reason that, the property wherein the petitioners proposed to construct the same was included among the properties which required development permit/layout apporval. Ext P7 and P8 are the orders issued in this regard. This writ petition is submitted by the petitioners in such circumstances, seeking a direction to the 3rd and 4th respondent to consider the application for the building permit. 2. A counter affidavit has been submitted by the respondent Panchayath, wherein they have taken a stand that, this is included among the properties which require development permit and on that reason the same cannot be considered. 2025:KER:27390 WP(C)No.6544 of 2025 3 3. I have heard the learned counsel for the petitioners, learned standing counsel for the Grama Panchayath and the learned Government Pleader. 4. The only question that arises for consideration is whether the requirement of development permit/layout approval can be a reason to deny building permit to the petitioners. The specific contention raised by the learned counsel for the petitioners is that the issue raised in this regard is covered in favour of the petitioner as per the decision rendered by this Court in Nafeesa and Another v. Chavakkad Municipality and Others [2018 (3) KHC 473] and Panjal Grama Panchayath and another v. Aneesh P. [2022 (2) KHC 775]. 5. In the above said decisions it has been held that when the owner of a small plot who does not have any intention to subdivide the property further, cannot be insisted for a development permit. Going through the materials placed on record, I find that the issue raised in this case is covered by the decisions rendered above. Evidently, the only intention of the petitioners is to construct a residential building on the property having an extent of 4.05 2025:KER:27390 WP(C)No.6544 of 2025 4 Ares. They do not have any intention to subdivide the property. In such circumstances, this writ petition is disposed of, quashing Exts P7 and P8, with a direction to the 4th respondent to consider and pass orders on the application submitted by the petitioners for building permit, without insisting on a development permit/layout approval. However, while considering the said application, the 4th respondent shall ensure that, the application submitted by the petitioners is otherwise in order. A decision in this regard shall be taken within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:27390 WP(C)No.6544 of 2025 5 APPENDIX OF WP(C) 6544/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.330/1/2021 DATED 5.2.2021 IN THE NAME OF PETITIONERS Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NO.KL08014102208/2024 DATED 22.6.2024 ISSUED IN THE NAME OF PETITIONER BY VILLAGE OFFICE, EDAKKALATHOOR Exhibit P3 TRUE COPY OF JUDGMENT DATED 25.3.2022 IN W.A. NO.185/2022 OF THE HON’BLE HIGH COURT OF KERALA Exhibit P4 TRUE COPY OF JUDGMENT DATED 11.4.2024 IN W.P. (C) NO.14498/2024 OF THE HON’BLE HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF APPLICATION (FILE NO.A2/960/2024) (REGISTRATION NO.2325846) FOR PERMIT DATED 6.5.2024 SUBMITTED BY PETITIONERS BEFORE THE 3RD RESPONDENT PANCHAYAT Exhibit P6 TRUE COPY OF PLAN SEEKING APPROVAL Exhibit P7 TRUE COPY OF COMMUNICATION NO.400698/BPRL02/GA/2024/960/(3) DATED 23.5.2024 FROM 4TH RESPONDENT TO PETITIONERS CALLING UPON THEM TO PRODUCE DEVELOPMENT PERMIT Exhibit P8 TRUE COPY OF COMMUNICATION NO.400698/BPRL02/GA/2024/960/(3) DATED 11.7.2024 FROM 4TH RESPONDENT TO PETITIONERS RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE