IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 15922 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ P.R.BABU,ADVOCATE,S/O.RAMANATHAN, PARATHATTIL HOUSE,KARAMUKKU,KANDASSANKADAVU PO, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, THRISSUR, THRISSUR 680 003. 2. AKSHAYA E- KENDRA,CODE 564,MANALUR GRAMA PANCHAYATH,PO KANDASSANKADAVU,THRISSUR 680 613. 3. MANALUR GRAMA PANCHAYATH,REP.BY SECRETARY,MANALUR,THRISSUR DISTRICT 680 617. R1 BY GOVT. PLEADER SRI.GEORGE VADAKKEL R2 BY ADV.SRI.YASH THOMAS MANNULLY R3 BY ADV. SRI.K.P.VIJAYAN, SRI.V.M.SYAM KUMAR, SMT.KRIPA ELIZABETH MATHEWS, SRI.V.N.HARIDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15922/2011 APPENDIX P1:- COPY OF THE NOTIFICATION ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE BUILDING PLAN DRAWN UP BY THE PETITIONER. P3:- COPY OF THE RECEIPT DTD. 24.3.2011 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT UPON SUBMISSION OF APPLICATION FOR BUILDING PERMIT. P4:- COPY OF THE COMMUNICATION NO.C4-1852/11 DTD. 6.4.2011. P5:- COPY OF THE REPRESENTATION ALONG WITH THE DOCUMENTS. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J --------------------------------------- W.P(C) No. 15922 of 2011 ---------------------------------------- Dated this the 23rd day of August, 2011. JUDGMENT Petitioner submits that he owns about 10 cents of land in survey No.308 of Karamuck village where he intends to construct a house, the plinth area of which is less than 300 square meter. The property which is situated falls within the jurisdiction of the 3rd respondent Panchayath. 2. According to the petitioner in terms of the provisions contained in the Kerala Panchayath Raj Building Rules, 2011, for buildings having plinth area of less than 300 square meter, building permit is unnecessary. It is stated that the District Collector, the first respondent, issued Exhibit P1 notification prescribing the procedure for obtaining river sand for intending users. 3. Petitioner submits that as per Exhibit P1, applications are to be made through the 2nd respondent and he approached the 2nd respondent for making such an application. But the 2nd respondent refused to accept the application for the reason that the petitioner did not submit building permit obtained under the Building Rules. W.P(C) No. 15922 of 2011 2 4. It is thereupon contending that since building permit is not necessary, the application is liable to accepted, this writ petition has been filed seeking a direction to the 2nd respondent to accept the application for river sand and forward it to the 3rd respondent for appropriate orders. 5. On behalf of the 2nd respondent, it is submitted that they are not the exclusive agency for receiving the application for river sand and that such applications can be uploaded from any computer with Internet facility. However the 2nd respondent confirms that in the software provided by the first respondent, there is a column requiring applicant to furnish the number of the building permit and that if that column is left unfilled, the application cannot be uploaded. The 3rd respondent submits that unless they receive the application in terms of the procedure prescribed by the first respondent, they are unable to consider the request of the petitioner. Heard learned Government Pleader also in this matter. 6. Going by the averments in the writ petition, the area of the building proposed to be constructed by the petitioner is less than 300 square meter. Rule 10 of the Kerala Panchayath Building Rules 2011, provides that permit is not necessary for W.P(C) No. 15922 of 2011 3 certain works and this includes Buildings in Category-II Village Panchayats under Group A 1- Residential occupancy with total built up area up to 300 square meters. However, in terms of the proviso to the said rule, details of such works shall be intimated to Secretary of the Grama Panchayath at least 10 days before the commencement of such works with particulars regarding existing conditions and proposals, so as to enable the Secretary to make an assessment of the nature of the work. Rule 132 and 133 also contain similar provisions. The Proviso to rule 133 also specify that the owner shall intimate the details of works to the Secretary in the proforma prescribed in Appendix A 2 at least 10 days before commencement of such works. 7. Therefore in a case where a building having plinth area of less than 300 square meter is proposed to be constructed, the owner does not have any obligation to obtain any building permit. On the other hand his obligations is to comply with requirements of Rule 10, 132 and 133 by giving an intimation to the Secretary of the Panchayath as provided in Appendix A2 to the Rules. 8. Such being the statutory obligation, if the software provide that in all cases an applicant should give the building W.P(C) No. 15922 of 2011 4 number for the purpose of making an application for river sand, such a prescription is not only illegal but also unsustainable. 9. Since respondents submits that the software in question has been provided by the first respondent, the District Collector, I direct the District collector to make appropriate modification in the software, in order to enable the applicants like the petitioner to make their applications for river sand, even in the absence of building permit obtained by them under the Building Rules. This the first respondent shall do, at any rate within six weeks of production of copy of this judgment. It is directed that the aforesaid process is completed, it will be open to the petitioner to make a fresh application for river sand and if such an application is received, that will be accepted and considered in accordance with law. Writ petition disposed of as above. sd/- ANTONY DOMINIC JUDGE rkc //TRUE COPY// PA TO JUDGE