Kerala High Court
Salavudhin K.K vs Irinjalakuda Municipality
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 25TH DAY OF MAY 2017/4TH JYAISHTA, 1939
WP(C).No. 11642 of 2016 (E)
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PETITIONER:
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SALAVUDHIN K.K,
AGED 56 YEARS, S/O.KASIM,
KARIPARAMBIL HOUSE, IRINJALAKUDA,
THRISSUR DISTRICT.
BY SRI.RENJITH THAMPAN (SENIOR ADVOCATE)
ADV.SMT.P.R.REENA
RESPONDENTS:
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1. IRINJALAKUDA MUNICIPALITY,
REPRESENTED BY SECRETARY,
MUNICIPAL OFFICE, IRINJALAKUDA,
THRISSUR DISTRICT, PIN-680 121.
2. SECRETARY,
IRINJALAKUDA MUNICIPALITY,
MUNICIPAL OFFICE, IRINJALAKUDA,
THRISSUR DISTRICT, PIN-680 121.
*ADDL. R3 IMPLEADED
3. THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680 121.
ADDL.R3 IS IMPLEADED AS PER ORDER
DATED 30.9.2016 IN IA.15644/2016.
R1 & R2 BY SRI.K.K.CHANDRAN PILLAI (SENIOR ADVCOATE)
ADVS.SMT.S.AMBILY
SMT.ELSA DENNY PINDIS
SRI.K.V.KRISHNAKUMAR
SRI.ABILASH THOMAS
ADDL.R3 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25-05-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 11642 of 2016 (E)
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APPENDIX
PETITIONERS' EXHIBITS:
P1: TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 11.09.2015 ISSUED TO THE PETITIONER.
P2: PHOTOGRAPHS SHOWING THE PETITIONER'S PROPERTY.
P2(A): PHOTOGRAPHS SHOWING THE PETITIONER'S PROPERTY AND
SANTHINIKETHAN SCHOOL AND PUBLIC ROAD.
P3: TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK
PREPARED BY KRISHI BHAVAN IRINJALAKUDA.
P4: TRUE COPY OF THE LETTER DATED 21.03.2016 ISSUED BY THE
MUNICIPALITY.
P5: TRUE COPY OF THE JUDGMENT IN W.P[C]NO.34672/2015
DATED 29.01.2016.
P6. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER
DATED 20.3.2016 INVOKING CLAUSE 6 OF THE KERALA LAND
UTILISATION ORDER BEFORE THE REVENUE DIVISIONAL
OFFICER.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
K. VINOD CHANDRAN, J.
======================= W.P.(C) No.11642 of 2016 - E ======================== Dated this the 25th day of May, 2017 Judgment The petitioner has 30 cents of land in Survey Nos.81/6, 81/1 and 83/2 of Irinjalakuda village. The different extents in the three survey numbers are seen from Ext.P1 possession certificate. The petitioner applied for a building permit. The petitioner's property is also not included in the draft data bank prepared by the Local Level Monitoring Committee (LLMC) for the area under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act').
2. The respondent local authority refused to consider the application for building permit, since a portion of W.P.(C) No.11642/2016 2 the intended construction was on Survey No. 83/2, which is classified as "wet land" in Ext.P1 possession certificate. The classification as revealed from the possession certificate according to the local authority is based on the Basic Tax Register (BTR). The constructions cannot be allowed on such lands under the Paddy Land Act, was the contention taken up.
3. The petitioner was before this Court, seeking a direction to the local authority to permit the construction, especially since, the land was lying as a "dry land" even prior to the introduction of the Paddy Land Act. The petitioner also contended that the land was never included in the draft data bank for the area. In such circumstance, this Court directed the petitioner, through the Convenor of the LLMC, the Agricultural Officer, to get a report of the Kerala State Remote Sensing and Environment Centre (KSREC). The Agricultural Officer and the KSREC were directed to file separate reports. The memo dated 21.03.2017 has produced the report of the Agricultural Officer W.P.(C) No.11642/2016 3 filed after physical verification of the property and the Report on Land Use Change obtained from the KSREC after looking into the satellite maps of the area.
4. The report of the Agricultural Officer is dated 23.01.2017. The report states that out of the 30 cents 26.325 cent is comprised in Survey No.81/6 and 81/1. The balance property comprised in Survey No.83/2 is said to be shown as "wet" in the BTR. On physical inspection, it was found that the property was bounded on its boundaries by a house, a school and a path way leading to the school and garden land of one Lohithakshan; respectively on the north, east, south and west. The Agricultural Officer has also reported that the land is not included in the BTR.
5. The Report on Land Use Change of the KSREC is also produced along with the satellite pictures. Specific reference has also been made to the property in Survey No.83/2. From the satellite image obtained of 29.03.2007 W.P.(C) No.11642/2016 4 (Figure-4), the survey plot is said to be seen under thick vegetation/plantation cover. The satellite image of 30.12.2010 (Figure-5) is said to show two building structures inside the plot. Figure 6 being the satellite image of 01.03.2016 shows constructions in the survey plot and rest of the land has been found under mixed plantation/vegetation cover. Though the data for 2008 is not available even prior to the introduction of the Paddy Land Act as per the report, in the year 2007 the land was under thick vegetation/plantation cover. The observations and conclusions of the KSREC is below:-
The analysis has been carried out in all available data sets of toposheets (1967) and different satellite data sets (2007, 2010 and 2016) for survey number 83/2. In the image of 2007 the plot was under thick vegetation/plantation cover. The image of 2010, 2016 shows constructions in the survey plots and rest of the land has been found under mixed plantation/vegetation cover.
6. Considering the report of the LLMC as also the KSREC, the reservation expressed by the local authority as per Ext.P4 cannot be sustained. Ext.P4 would stand set aside. The W.P.(C) No.11642/2016 5 petitioner's building permit application would be considered in accordance with the Kerala Municipality Building Rules, 1999. The petitioner would also be entitled to approach the Land Tax Officer for fresh assessment of land comprised in Survey Nos.83/2 as "garden land" as has been permitted by the Division Bench of this Court in Kizhakkambalam Grama Panchayat v. Mariumma [2015(2) KLT 516]. The application for building permit shall be considered, within a period of one month from the date of receipt of a certified copy of this judgment.
The writ petition would stand disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/25/05/2017