P.N.Krishnalaji vs State Of Kerala on 7 April, 2021

[Cites 2, Cited by 128]

Kerala High Court

P.N.Krishnalaji vs State Of Kerala on 7 April, 2021

Bench: P.B.Suresh Kumar

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                   WP(C).No.21527 OF 2020(M)


PETITIONER/S:


      1      P.N.KRISHNALAJI,
             W/O. DR. K.S. UDHAYABHANU,
             KOCHATH KARTHIKA HOUSE,
             39/1954, KOORKANCHERY,
             THRISSUR - 680021.

      2      DR. K.S UDHAYABHANU
             S/O. SREEDHARAN,
             KOCHATH KARTHIKA HOUSE,
             39/1954, KOORKANCHERY,
             THRISSUR - 680021.

      3      P.N. KRISHNADAS
             S/O.P.K. NARAYANAN,
             POLAKUTH HOUSE,
             PALARIVATTOM P O,
             COCHIN - 682025.

             BY ADVS.
             SRI.SANTHOSH MATHEW
             SRI.ARUN THOMAS
             SRI.JENNIS STEPHEN
             SRI.VIJAY V. PAUL
             SMT.KARTHIKA MARIA
             SRI.ANIL SEBASTIAN PULICKEL
             SMT.DIVYA SARA GEORGE
             SMT.JAISY ELZA JOE
 W.P.(C)No.21527 of 2020
                                            2


RESPONDENT/S:

            1             STATE OF KERALA
                          REPRESENTED BY SECRETARY TO GOVERNMENT,
                          LOCAL SELF GOVERNMENT DEPARTMENT,
                          GOVERNMENT SECRETARIAT,
                          THIRUVANANTHAPURAM - 695001.

            2             THE SECRETARY
                          NAATIKA GRAMA PANCHAYAT,
                          THRISSUR - 680566.

            3             LOCAL LEVEL MONITORING COMMITTEE
                          REPRESENTED BY THE AGRICULTURAL OFFICER,
                          KRISHI BHAVAN, NAATIKA,
                          THRISSUR - 680566.

                          R2 BY ADV. SHRI.K.B.GANGESH
                          BY SRI.MANJURAJ.K.J., GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21527 of 2020
                                               3




                               W.P.(C)No.21527 of 2020


                           -------------------------------------------


                                         JUDGMENT

Petitioners hold a land within the limits of Naatika Grama Panchayat. They are running a hotel in the said land. The hotel structure was unauthorised and the same was regularised by the petitioners on 25.9.2018. Petitioners later preferred an application for building permit to put up a structure on the top of the existing building. On the said application, Ext.P7 communication has been issued by the Secretary of the Panchayat stating that insofar as the petitioners propose to construct an area exceeding 40 square meters, permission of the Revenue Divisional Officer is required. Ext.P7 is under challenge in the writ petition.

2. Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned Standing Counsel for the Panchayat.

3. The learned counsel for the Panchayat clarifies that what is insisted in terms of Ext.P7 communication is the permission provided for under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

W.P.(C)No.21527 of 2020

4. In the light of Global Education Trust Vs. State of Kerala, 2020(6) KLT 738, insofar as the petitioners propose to put up only a structure on the top of the existing building, according to me, permission of the competent authority under Section 27A of the Act cannot be insisted.

In the circumstances, Ext.P7 is quashed and the Panchayat is directed to grant the building permit sought by the petitioners, if the application is otherwise in order. This shall be done within two weeks.

Sd/-

P.B.SURESH KUMAR JUDGE rkj W.P.(C)No.21527 of 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT UNDER THANDAPER NO.8034 DATED 17.07.2020. EXHIBIT P1(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 07.11.2001.

EXHIBIT P2 TRUE COPY OF THE REGULARIZATION ORDER DATED 25.09.2018.

EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 7.2.2020.

EXHIBIT P4 PHOTOGRAPHS SHOWING THE PORTIONS WHICH WILL HAVE TO BE DEMOLISHED WHEN THE PROPERTY IS ACQUIRED.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT FOR ADDITIONAL CONSTRUCTION DATED 7.12.2019 EXHIBIT P6 COPY OF THE PLAN.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 14.08.2020 EXHIBIT P8 TRUE COPY OF THE DATABANK EXTRACT. EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR REMOVING THE PROPERTY FROM THE DATABANK DATED 14.09.2020.

EXHIBIT P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE FAIR VALUE REGISTER OF NATTIKA VILLAGE. EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.406/RA1/2018/LSGD DATED 13.08.2018. EXHIBIT P12 TRUECOPY OF THE JUDGMENT IN WA NO.

1007/2020 DATED 24.09.2020.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.5218/2021 DATED 5.3.2021.

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