Kolazhi Gramapanchayath vs Indira Balachandran on 14 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 58 of 2011()



1. KOLAZHI GRAMAPANCHAYATH
                      ...  Petitioner

                        Vs

1. INDIRA BALACHANDRAN
                       ...       Respondent

                For Petitioner  :SRI.K.N.VINODKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :14/01/2011

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                       BHABANI PRASAD RAY, JJ.
               ....................................................................
                          Writ Appeal No.58 of 2011
               ....................................................................
               Dated this the 14th day of January, 2011.

                                      JUDGMENT

Ramachandran Nair, J.

Appeal is filed against judgment of the learned Single Judge

directing the Panchayat to consider respondent’s application for issuing

a permit for construction of a house. Counsel appearing for the

Panchayat-appellant in the Writ Appeal submitted that when

construction is proposed in a large plot of land, a scheme for

development has to be submitted first to the Panchayat and thereafter

only approval of building permit is possible. We are unable to accept

this contention because once respondent has purchased a piece of land,

she cannot bring the previous owner for getting the development

scheme approved. It is always open to the Panchayat to keep in mind

the needs of the area while approving the building plan for a building

and impose such conditions or restrictions that the building owner

should do for maintaining common facilities like road or drainage and

the like. The Panchayat will go by the Rules and if there is any

2

hindrance, point out the same to the respondent for her to rectify and

thereafter approve the plan. Writ Appeal is disposed of as above.

C.N.RAMACHANDRAN NAIR
Judge

BHABANI PRASAD RAY
Judge

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