2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 8250 OF 2025 PETITIONER: BENNY C CHERIYAN, AGED 61 YEARS S/O. N.K CHERIYAN, NEELANGAL HOUSE, KUNNAKKAL, MUVATTUPUZHA, VALAKOM, ERNAKULAM, PIN - 682316 BY ADV MANOJ P.KUNJACHAN RESPONDENTS: 1 MAZHUVANUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, AIRAPURAM P.O, ERNAKULAM, PIN - 683541 2 SECRETARY, MAZHUVANUR GRAMA PANCHAYATH, AIRAPURAM P.O, ERNAKULAM, PIN – 683541 BY ADV ABRAHAM P.MEACHINKARA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, ALONG WITH WP(C).8315/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 8315 OF 2025 PETITIONER: SHERLY BENNY, AGED 57 YEARS W/O. BENNY C CHERIYAN, NEELANGAL HOUSE, KUNNAKKAL, MUVATTUPUZHA, VALAKOM, ERNAKULAM, PIN - 682316 BY ADV MANOJ P.KUNJACHAN RESPONDENTS: 1 MAZHUVANUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, AIRAPURAM P.O, ERNAKULAM, PIN - 683541 2 SECRETARY, MAZHUVANUR GRAMA PANCHAYATH, AIRAPURAM P.O, ERNAKULAM, PIN - 683541 BY ADV ABRAHAM P.MEACHINKARA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, ALONG WITH WP(C).8250/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 3 JUDGMENT [WP(C) Nos.8250/2025, 8315/2025] In both these writ petitions the petitioners are aggrieved by Ext.P4 notices issued by the 2nd respondent, by which the applications submitted by the petitioners for building permit were returned to the petitioners by stating that the petitioners are required to submit a consent letter from the adjacent plot owner for processing the applications. These writ petitions are submitted in such circumstances, challenging the same. 2. According to the petitioners, there are no statutory stipulations which insist for a consent letter from the adjacent plot owners for the purpose of considering an application for building permit. The learned Standing Counsel for the Panchayat submits that, the excavation of soil is required for carrying out the construction proposed and it was in these circumstances, the consent of the adjacent plot owner was insisted. 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 4 3. After hearing the learned Counsel for the petitioners and the learned Standing Counsel for the respondents, I find that, the stand taken by the Secretary to the Panchayat, the 2nd respondent herein, in Ext.P4 is not legally sustainable. The procedure to be followed, in cases where the constructions require removal of soil is governed by Rule 10, particularly Sub Rule 5 of the Kerala Panchayat Building Rules which does not contemplate for the same. Moreover, the learned Standing Counsel also could not point out any specific provision which necessitates consent of the landlord for considering an application for building permit. In the absence of any statutory provision it is not open for the 2nd respondent to insist for such a condition. In such circumstances, these writ petitions are disposed of quashing Ext.P4 in both these writ petitions with a direction to the 2nd respondent to reconsider the applications submitted by the petitioners and take a decision on the same, by following the 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 5 statutory requirements contemplated under the relevant rules. Necessary orders shall be passed within a period of fifteen days from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 6 APPENDIX OF WP(C) 8315/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT BEARING KL07051301657/2024 DATED 4.4.2024 Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED ALONG WITH THE DECLARATION DATED 17.07.2024 Exhibit P3 A TRUE COPY OF THE BUILDING PLAN DATED NIL Exhibit P4 A TRUE COPY OF THE COMMUNICATION BEARING NO. 400632/BADC01/GPO/2025/175/(1) DATED 15.02.2025 Exhibit P5 A SKETCH PREPARED BY THE AUTHORIZED SURVEYOR DATED 05.03.2024 SHOWING THE LIE OF THE PROPERTY Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.03.2020 IN WP(C) NO. 6526/2020 2025:KER:24443 WP(C) NO. 8250 OF 2025 & WP(C) NO. 8315 OF 2025 7 APPENDIX OF WP(C) 8250/2025 PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE LAND TAX RECEIPT BEARING KL07051301658/2024 DATED 4.4.2024 Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED ALONG WITH THE DECLARATION DATED 21.05.2024 Exhibit P3 A TRUE COPY OF THE BUILDING PLAN DATED NIL Exhibit P4 A TRUE COPY OF THE COMMUNICATION BEARING NO. 400632/BADC01/GPO/2025/176/(1) DATED 15.02.2025 Exhibit P5 A SKETCH PREPARED BY THE AUTHORIZED SURVEYOR DATED 05.03.2024 SHOWING THE LIE OF THE PROPERTY Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.03.2020 IN WP(C) NO. 6526/2020