Kerala High Court
Johny K.P vs The Revenue Divisional Officer/Sub ... on 23 July, 2021
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 23RD DAY OF JULY 2021/1ST SRAVANA, 1943
WP(C) NO. 8930 OF 2021
PETITIONER:
JOHNY K.P., AGED 58, S/O.K.I.PAILY,
KAMNNAMPUZHA HOUSE, MEKKAD P.O.,
NEDUMBASERY VILLAGE,
ERNAKULAM DISTRICT, PIN-683 589.
BY ADVS.
P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
RDO OFFICE, FORT KOCHI, ERNAKULAM, PIN-682001.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
ANGAMALI MUNICIPALITY, REPRESENTED BY THE
AGRICULTURAL FILED OFFICER, KRISHI BHAVAN,
ANGAMALI, ANGAMALI P.O., PIN-683572.
3 ANGAMALI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE,
ANGAMALI P.O., PIN-683572.
4 THE SECRETARY, ANGAMALI MUNICIPALITY,
MUNICIPAL OFFICE, ANGAMALI P.O., PIN-683572.
R3-R4 BY ADV SRI.ANIL K.MOHAMMED
R1 BY GOVT.PLEADER SMT. G. RANJITA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.8930/2021
2
JUDGMENT
Dated this the 23rd day of July, 2021 The petitioner has approached this Court seeking to set aside Ext.P12 and to direct the 1st respondent to consider and dispose of Ext.P9 application on the basis of Ext.P11 Government Order and grant permission to change the nature of the land. The petitioner has also prayed to direct the 4th respondent to reconsider and dispose of Ext.P7 application in the light of certain judgments of this Court and Ext.P6 Circular without insisting any permission or order as per the provisions Kerala Conservation of Paddy Land and Wetland Act, 2008.
2. The petitioner would submit that he is the owner of 8.10 Ares of land in Sy. No.340/15-2 of Angamali Village in Aluva Taluk. The petitioner along with his partnership firm WP(C) No.8930/2021 3 purchased the said property along with Ext.P4 building permit dated 24.02.2016 issued by the 3 rd respondent Municipality. The land is described as 'nilam' in the revenue records. The land was excluded from Data Bank as is evidenced from Exts.P2 and P3.
3. The petitioner would state that the construction of the building is completed. Since the period of building permit expired on 23.02.2019, the petitioner submitted Ext.P7 application before the 4 th respondent seeking to transfer the building permit in the name of the petitioner and other co-owner. The petitioner also sought to extend the period of building permit from 23.02.2019. However, the petitioner's request was not allowed and was rejected as per Ext.P12. In Ext.P12, the Assistant Executive Engineer of the Municipality took a stand that such transfer of building permit can be allowed only if the nature of the land is changed by proper orders of the Revenue Divisional Officer. WP(C) No.8930/2021 4
4. Heard the learned counsel for the petitioner, learned Government Pleader representing the respondents 1 and 2 and the learned Standing Counsel appearing for the respondents 3 and 4.
5. Ext.P7 is an application for transfer of building permit submitted by the petitioner. This Court has in Cheranalloor Panchayath v. Joe Thattil [2020 (5) KLT 763], Mahin and another v. Keezhmad Grama Panchayath [2020 (2) KLT 478] and Leela Santu and another v. Secretary, Kothamangalam Municipality and others [2010 (4) KLT 1011] directed the authorities to consider the application for issuance of occupancy certificate without referring to any objection as to the nature of the land and also directed to consider the application on the basis of Building Rules prevailing at the time of issuance of building permit. In this case also, the petitioner's predecessor obtained building permit before WP(C) No.8930/2021 5 30.12.2017 on which date the Amendment Act came into force inserting Section 27A in the Kerala Conservation of Paddy Land and Wetland Act, 2008. Therefore, in view of the law laid down in the afore judgment, application for transfer submitted by the petitioner will have to be considered without adverting to Section 27A. In that view of the matter Ext.P12 is liable to be set aside. Accordingly Ext.P12 order is set aside.
6. The petitioner had submitted Ext.P9 application under Form 6 invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules for changing the nature of the land in revenue records. The learned counsel for the petitioner would contend that in the meanwhile, Ext.P11 order has been issued by the Government on 25.02.2021 granting certain exemption to change the nature of land for lands upto an extent of 25 cents and the petitioner is entitled to get the benefit of WP(C) No.8930/2021 6 Ext.P11. In that view of the matter, the Revenue Divisional Officer is bound to consider Ext.P9 application in the light of Ext.P11 Government Order dated 25.02.2021.
In the facts and circumstances of the case, the writ petition is disposed of directing the 4 th respondent to reconsider Ext.P7 application for transfer of building permit in favour of the petitioner in the light of the law laid down by this Court in Cheranalloor Panchayath v. Joe Thattil (supra), Mahin and another v. Keezhmad Grama Panchayath (supra) and Leela Santu and another v. Secretary, Kothamangalam Municipality and others (supra). A decision in this regard shall be taken within a period of four weeks. The 1st respondent is directed to consider Form 6 application in the light of Ext.P11 Government Order within a period of six weeks.
Sd/-
N. NAGARESH JUDGE ncd/26.07.2021 WP(C) No.8930/2021 7 APPENDIX OF WP(C) 8930/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1157 OF 2018 DATED 28.03.2018 OF ANGAMALI SRO.
EXHIBIT P2 TRUE COPY OF THE REPORT NO.A-
172/2015/KSREC.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES MINUTES
OF THE 2ND RESPONDENT LLMC DATED
02.02.2018.
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT NO.B.A-
240/15-16 DATED 24.02.2016.
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH OF THE
BUILDING OWNED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.LSGD-406/R.A 1/2018-LSGD DATED
13.08.2018.
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 4TH RESPONDENT DATED
23.03.2021.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED
25.03.2021.
EXHIBIT P9 TRUE COPY OF THE APPLICATION IN FORM
NO.6 DATED 17.12.2020.
EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED
18.12.2020.
EXHIBIT P11 TRUE COPY OF THE G.O.(ORD)NO.1166/2021
REV.DATED 25.02.2021.
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 28.04.2021
ISSUED BY THE 4TH RESPONDENT