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Judgment
T.R. Ravi, J
The petitioner purchased 7 cents of property as per Ext.P1 sale deed. The petitioner submits that it is not a sub-divided property. This writ petition is filed challenging Ext.P7 order issued by the respondents rejecting an application for building permit submitted by the petitioner on the ground that the property where the construction is sought to be made requires plot sub-division and development permit as per Rule 4(1) of the Kerala Panchayat Building Rules, 2019.
In Aneesh P. v. Panjal Grama Panchayat (W.P. (C)No.27104 of 2021), a learned Single Judge of this Court had followed the proposition laid down in the decision in Nafeesa V. Chavakkad Municipality [2018 (3) KLT 1] and held that the purchaser of a small plot from a large extent of property is not liable to secure any land development permit as contemplated under the Building Rules.
The decision of the learned Single Judge in Aneesh (supra) was subject matter of an appeal in W.A.No.185/2022 at the instance of the Panchayat and the Division Bench has confirmed the judgment of the learned Single Judge by judgment dated 25.03.2022. The Division Bench has agreed with the proposition laid down in Nafeesa (supra) and held that in cases of this nature, the applicant cannot be directed to obtain development permit for the entire extent when he has purchased only a small plot out of the whole extent. The petitioner herein is also a person who has purchased a small plot of land. In the light of the judgment of the Division Bench, the petitioner is entitled to succeed in this writ petition.
The writ petition is hence allowed. Ext.P7 is set aside. The respondents are directed to reconsider the application submitted by the petitioner for building permit in the light of the judgment of the Division Bench of this Court in W.A.No.185/2022 and pass fresh orders within a period of one month from the date of receipt of a copy of this judgment.