Hamid Shali vs State Of Kerala on 16 October, 2018

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Kerala High Court

Hamid Shali vs State Of Kerala on 16 October, 2018

Bench: Shaji P.Chaly

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     TUESDAY ,THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

                        WP(C).No. 33796 of 2018



PETITIONER/S:


                HAMID SHALI
                AGED 58 YEARS
                S/O HAMID KUNJU,
                SHALIDA MANZIL,
                CHINGOLI VILLAGE,
                NANGIARKULANGARA P. O,
                ALAPPUZHA-690513

                BY ADVS.
                SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
                SRI.A.R.DILEEP
                SRI.KESHAVRAJ NAIR
                SRI.P.J.JOE PAUL
                SRI.RAJAN G. GEORGE



RESPONDENT/S:
       1      STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT IN THE
              DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM- 695001

      2         DISTRICT COLLECTOR
                CIVIL STATION, ALAPPUZHA-688001.

      3         REVENUE DIVISIONAL OFFICER
                REVENUE DIVISIONAL OFFICE, CHENGANNUR, ALAPPUZHA-
                689121.

      4         CHINGOLI GRAMA PANCHAYAT
                REPRESENTED BY ITS SECRETARY, CHINGOLI, ALAPPUZHA-
                690532.

      5         SECRETARY
                CHINGOLI GRAMA PANCHAYAT, CHINGOLI, ALAPPUZHA-690532.

      6         LOCAL LEVEL MONITORING COMMITTEE
 WP(C).No. 33796 of 2018       2

             REPRESENTED BY ITS CONVENOR, KRISHI BHAWAN, CHINGOLI,
             ALAPPUZHA-690532.

             R1 TO R3 & R6 BY SRI.P.M.MANOJ, SR.GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 33796 of 2018           3

                                          JUDGMENT

Petitioner and his wife are the joint owners of 8.20 Ares of property situate in Re.Sy.No.198/20 of Chingoli Village, Karthikapally Taluk, Alappuzha district. Petitioner has secured a building permit from the 5th respondent for the construction of a residential building. The building was constructed and thereafter, produced the completion certificate and sought for issuance of occupancy certificate and building number. No action was initiated, pursuant to which again, petitioner has submitted Ext.P8 representation. To Ext.P8 representation, Ext.P9 communication is issued by the 5th respondent stating that, since the property is remaining as a paddy field in the Village Records and Basic Tax Register, the relief sought for by the petitioner cannot be granted. Having confronted with such a situation, petitioner has now submitted Ext.P12 application before the 2nd respondent under Clause 6(2) of the Kerala Land Utilization Order, 1967, seeking permission for utilization of the property for other purposes other than paddy cultivation and WP(C).No. 33796 of 2018 4 agricultural operations. In my considered view, situation would suffice if appropriate directions are issued to the 3rd and 5th respondents respectively.

2. Having heard learned counsel for the petitioner and learned Senior Government Pleader, I am of the considered opinion that the writ petition can be disposed of with appropriate directions.

3. In view of the limited nature of order I propose to pass, notice to the Panchayat is dispensed with. There will be a direction to the 2nd respondent to transmit the records to the 3rd respondent, who is equally competent to consider the application under Clause 6(2) of the Kerala Land Utilization Order, 1967, within three weeks from the date of receipt of a copy of this judgment, and the application shall be considered by the 3rd respondent in accordance with law and attain finality at the earliest, and at any rate, within two months thereafter. Needless to say, if the petitioner is producing necessary enabling orders as directed above, the application submitted by the petitioner seeking issuance of WP(C).No. 33796 of 2018 5 occupancy certificate and numbering the building shall be considered by the 5th respondent in accordance with law, also taking into account, the orders produced, at the earliest.

The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY JUDGE uu 17.10.2018 WP(C).No. 33796 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF ASSESSMENT DETAILS OF THE BUILDING OF THE PETITIONER IN FORM 6 OBTAINED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P2 A TRUE COPY OF ORDER NO.A2- 13(6)/2006 DATED 28.3.2006.

EXHIBIT P3 A TRUE COPY OF POSSESSION CERTIFICATE NO.954/2016 DATED 1.4.2016.

EXHIBIT P4 A TRUE COPY OF BUILDING PERMIT NO.A3.1038/4/2016-17 DATED 18.4.2016 ALONGWITH BUILDING PLAN.

EXHIBIT P5 A TRUE COPY OF LETTER NO.A4.1535/18 OF THE 5TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE LETTER NO.KBC 42/17-18 DATED 25.8.2017 OF THE AGRICULTURAL OFFICER.

EXHIBIT P7 A TRUE COPY OF CIRCULAR NO.LSGI-

406/RA1/2018-LSGI DATED 13.8.2018. EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 30.8.2018 (WITHOUT ANNEXURES ALREADY MARKED) OF THE PETITIONER.

EXHIBIT P9 A TRUE COPY OF THE NOTICE NO.A4- 1535/18 DATED 13.9.2018 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE REPLY DATED 17.9.2018.

EXHIBIT P11 A TRUE COPY OF POSSESSION CERTIFICATE DATED 31.5.2018 ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P12 A TRUE COPY OF THE APPLICATION DATED 9.10.2018 SUBMITTD BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

WP(C).No. 33796 of 2018 7

RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE

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