IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 28380 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. G.SUNIL,SAROJINI NIVAS,PUNNATHANATU MURI, VILAPPILSALA, NEYYATTINKARA TALUK. 2. RAJALAKSHMI, SAROJINI NIVAS, PUNNATHANANTHU MURI, VILAPPILSALA. NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. VILAPPIL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PEYAD P.O., THIRUVANANTHAPURAM-695573. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM 3. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM . ADV. SRI.RAM MOHAN.G. FOR R1 SRI.G.P.SHINOD FOR R1 SRI.MANU V. FOR R1 GOVERNMENT PLEADER SRI. RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28380 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE SERVICE PARTICULARS ISSUED TO 1ST PETITIONER EXT.P2- TRUE COPY OF THE SAME DEED EXECUTED IN FAVOUR OF THE PETITIONERS EXT.P3- TRUE COPY OF THE RECEIPT DATED 15.9.07 ISSUED BY VILLAGE OFFICER, VILAPPIL EXT.P4- TRUE COPY OF THE ORDER NO.A.63/07 DATED 22.10.07 ISSUED BY THE 1ST RESPONDENT EXT.P5- TRUE COPY OF THE JUDGMENT DATED 14.12.07 IN W.P.(C).33586/07 PASSED BY THIS HONOURABLE COURT EXT.P6- TRUE COPY OF THE RECEIPT EVIDENCING SUBMISSION OF APPLICATION FOR BUILDING PERMIT EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 23.7.09 BEFORE THE 1ST RESPONDENT SUBMITTED BY THE PETITIONERS (TRUE COPY) P.A TO JUDGE P.N.RAVINDRAN, J ....................... W.P.(C).28380/2009 ....................... Dated this the 10th day of December, 2009 JUDGMENT The petitioners jointly own a parcel of land, 7.40 Ares in extent situated in R.Sy. No.218/2 of Vilappil Village. They applied to the Vilappil Grama Panchayat for a building permit to put up a residential building therein. The said application was rejected by Ext.P4 order on the ground that there is a proposal to acquire the land situated in R.Sy. No.218/2 for the purpose of a Primary Health Centre. The petitioner challenged Ext.P4 order by filing W.P.(C).No.33586 of 2007. By Ext.P5 judgment delivered on 14.12.2007, this Court held that as no notification under Section 4(1) of the Land Acquisition Act has been issued, the Panchayat should reconsider the application for grant of building permit and issue a permit if the application is otherwise in order, on the petitioners filing an affidavit before the Secretary of the Vilappil Grama Panchayat undertaking that in the event of a notification being issued under Section 4(1) of the Land Acquisition Act within one year from 14.12.2007 the petitioners will not claim W.P.(C).28380/09 2 compensation for the building put up by them on the basis of the permit. 2. The petitioners did not file such an affidavit and therefore, the application for permit was not reconsidered and orders passed. Thereafter the petitioners submitted another application, Ext.P7, which was received by the Secretary of the Vilappil Grama Panchayat. This writ petition is filed aggrieved by the delay on the part of the respondents in processing and disposing of the said application. The petitioners contend that though they did not file an affidvit as directed by this Court in Ext.P5 judgment, as the period of one year stipulated in Ext.P5 judgment has expired, and as no notification under Section 4(1) of the Land Acquisition Act has been issued, till date the first respondent is bound to consider Ext.P7 application submitted by them on 23.7.2009 and to take a decision thereon. 3. The learned counsel appearing for the first respondent Panchayat submits that till date no notification under Section 4(1) of the Land Acquisition Act has been issued in respect of the land situated in R.Sy. No.218/2 of Vilappil village. The learned counsel for the petitioner submits that such being the situation, in the light of the W.P.(C).28380/09 3 law laid down by this Court in Padmini v. State of Kerala (1993 (3) KLT 485) and by the Apex Court in Jethmalani v. State of Maharashtra (2005 11 SCC 222), the first respondent will necessarily have to consider the petitioners' application and pass orders thereon in accordance with law. In the light of the admitted fact that as on date, no notification under Section 4(1) of the Land Acquisition Act has been issued in respect of the petitioners' lands, I dispose of this writ petition with a direction to the first respondent Panchayat to consider the application for the building permit submitted by the petitioners on 23.7.2009 and to pass orders thereon expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment before the Secretary, Vilappil Grama Panchayat. It is clarified that if within the said period of one month no notification under Section 4(1) of the Act is issued, the petitioners' application for building permit shall not be rejected on the sole ground that there is a proposal to acquire their land. P.N.RAVINDRAN, Judge mrcs