Kerala High Court
Renji K Paul vs Revenue Divisional Officer (Rdo) on 14 February, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
WP(C).No. 6939 of 2018
PETITIONER:
1 RENJI K PAUL
AGED 47, S/O. KURIYAKOSE, PALALMEPPADATH HOUSE,
THIRUVANIYOOR P.O., MARAGATTULLY, KOTHAMANGALAM
TALUK, PIN-682308.
2 MERIN GEORGE
AGED 33, W/O. RENJI K.PAUL, PALALMEPPADATH HOUSE,
THIRUVANIYOOR P.O., MARAGATTULLY, KOTHAMANGALAM
TALUK, PIN-682308.
BY ADVS.SRI.S.RENJITH
SRI.K.R.PRATHISH
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (RDO)
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA,
ERNAKULAM, PIN-686661.
2 THE TAHSILDAR
KOTHAMANGALAM THALUK OFFICE, KOTHAMANGALAM, ERNAKULAM
DISTRICT, PIN-686 691.
3 VILLAGE OFFICER
THRIKKARIYOOR VILLAGE OFFICE, KOTHAMANGALAM TALUK,
ERNAKULAM, PIN-686 691.
4 KOTHAMANGALAM MUNCIPALITY
KOTHAMANGALAM P.O., KOTHAMANGALAM, ERNAKULAM,
PIN-686691, REPRESENTED BY ITS SECRETARY.
5 AGRICULTURAL OFFICER
KRISHI BHAVAN, KOTHAMANGALAM, KOTHAMANGALAM P.O.,
ERNAKULAM , PIN - 686 691.
6 LOCAL LEVEL MONITORING COMMITTEE
KOTHAMANGALAM MUNCIPALITY, REPRESENTED BY ITS
CHAIRMAN, AGRICULTURAL OFFICER, KOTHAMANGALAM KRISHI
BHAVAN, ERNAKULAM, PIN - 686 691.
R1 TO R3, R5 & R6 BY SRI.PAUL ABRAHAM VAKKANL,
GOVERNMENT PLEADER
R4 BY SRI.PEEYUS A. KOTTAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6939 of 2018 2
JUDGMENT
This writ petition is filed by the petitioners seeking to quash Ext.P10 to the extent it affects the petitioners. Petitioners are owners of an extent of 4.1 Ares of property situate in Sy.No.524/1C of Thrikkariyoor Village, Kothamangalam Taluk. Petitioners submitted an application seeking building permit before the Municipality, which was rejected on the ground that, the property is included as converted land in the data bank constituted as per the provisions of Kerala Conservation of Paddy land and Wetland Act, 2008 and remaining in the village records as well as BTR as paddy field and if the petitioners have not secured any enabling orders from the statutory authorities, the building permit application cannot be considered by the Secretary. Thereafter, petitioners have approached the Revenue Divisional Officer and the Revenue Divisional Officer has passed Ext.P10 order granting permission for conversion of property to an extent of 7½ cents and imposed a condition that, petitioners shall pay 50% of the value WP(C).No. 6939 of 2018 3 of property to the Government. It is thus challenging the condition imposed as well as the restricted area of operation given to petitioners, this writ petition is filed.
2. I have heard learned counsel for petitioners, learned Government Pleader as well as learned Standing Counsel for Municipality and perused the pleadings and documents on record.
3. On a reading of Ext.P10 what I could gather is that, petitioners when appeared before the Revenue Divisional Officer submitted that, without set back permission maynot be granted for 7½ cents. According to the petitioners, petitioners have sought permit for construction of 2650 sq.ft building and if the entire area is not permitted to be utilised, petitioners will not be able to complete the construction in terms of the Kerala Municipality Building Rules, 1999.
4. It is also submitted that, the application submitted by the petitioner is dated 2.3.2017, which need to be considered in accordance with the provisions of Kerala Land Utilization Order, 1967 since the amended provisions of the Kerala WP(C).No. 6939 of 2018 4 Conservation of Paddy land and Wetland Act, 2008 only came into force on and w.e.f.30.12.2017.
5. I find force in the said contention advanced by the petitioners and therefore, the condition imposed for payment of 50% of the land value to the Government is not legal or correct. In that view of the matter, I quash Ext.P10 and direct the Revenue Divisional Officer to re-consider the matter in accordance with law, considering it as one submitted prior to 30.12.2017, the appointed date from only the amended provisions of Act, 2008 came into force and under the provisions of Kerala Land Utilization Order, 1967 wherein there is no provision for imposing any condition for payment of land value to the State Government. A decision shall be taken in accordance with law at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. Needless to say, if the petitioners are producing necessary enabling orders, the Secretary of the Municipality shall consider the application submitted by the petitioners, in accordance with law, also taking into account the orders, if any, produced WP(C).No. 6939 of 2018 5 by the petitioners as directed above.
Writ petition is disposed of accordingly.
Smv Sd/-
15.2.2018
SHAJI P.CHALY
JUDGE
WP(C).No. 6939 of 2018 6
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE DATA BANK OF THE PETITIONERS
PROPERTY.
EXHIBIT P2 COPY OF APPLICATION FOR BUILDING PERMIT
ALONG WITH PLAN.
EXHIBIT P3 COPY OF APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE RDO, MUVATTUPUZHA. EXHIBIT P4 COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, KOTHAMANGALAM DATED 02.03.2017. EXHIBIT P5 COPY OF THE REPORT THE VILLAGE OFFICER DATED 09.03.2017.
EXHIBIT P6 COPY OF THE JUDGMENT DATED 19.05.2017 IN W.P.C.NO.16484 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P7 COPY OF THE JUDGMENT DATED 19.05.2017 IN W.P.C.NO. 16484 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P8 COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT IN W.P.C.NO.19554 OF 2017 DATED 08.11.2017.
EXHIBIT P9 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENT DATED 05.12.2017.
EXHIBIT P10 COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 09.02.2018.