Kerala High Court
Kolazhi Gramapanchayath vs Indira Balachandran on 14 January, 2011
Bench: C.N.Ramachandran Nair, B.P.Ray
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.
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Writ Appeal No.58 of 2011
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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 pms