Kerala High Court
P.A.Abdul Khader vs The Revenue Divisional Officer on 2 May, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
WP(C) NO. 14944 OF 2023
PETITIONER:
P.A. ABDUL KHADER
AGED 75 YEARS
S/O. ABDUL RAHMAN, AGED 75 YEARS,
PANIKKAVEETTIL HOUSE, 17/470,
PAINOOR ROAD, PERINGOTTUKKARA (P.O),
THRISSUR, PIN - 680 565.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN - 680 003.
2 THE PANANCHERRY GRAMA PANACHAYAT
REPRESENTED BY ITS SECRETARY,
PATTIKKAD (P.O), THRISSUR DISTRICT,
PIN - 680 652.
3 THE SECRETARY
PANANCHERRY GRAMA PANACHAYAT,
PATTIKKAD (P.O), THRISSUR DISTRICT,
PIN - 680 652.
SRI. SANTHOSH P. PODUVAL - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14944 OF 2023
2
JUDGMENT
The petitioner has preferred Ext.P6 application for building permit for construction of a commercial building. The petitioner submits that by Ext.P3 order issued under the Kerala Land Utilisation Order, 1967 (for short, the KLU Order), the RDO has granted permission to the petitioner to use the property for other purposes as envisaged under the KLU order. The petitioner states that, while processing the application for building permit, the 3rd respondent noted certain defects vide Ext.P10. The first defect noted is "according to RDO order, land is converted into parambu for construction of residential building and construction area not mentioned." The 3rd respondent the Secretary sought for clarification from the 1 st respondent as to WP(C).No.14944 OF 2023 3 whether permission can be granted for construction on the strength of Ext.P3 order.
2. The learned counsel for the petitioner submits that in the light of the decision reported in Shahul Hameed V. Principal Secretary, Local Self Government and Others [2018 (1) KLT 1008], the question as to whether a commercial building can be constructed in a property where permission has been granted under Clause 6(2) of the KLU order has been considered and this Court held that where permission has been granted under Clause 6(2) of the KLU order, such permission would include construction of residential house, commercial building or even an industry.
3. Accordingly, there will be a direction to the 3rd respondent to consider Ext.P6 application of the petitioner in the light of the decision in Shahul Hameed's case (supra) and pass appropriate WP(C).No.14944 OF 2023 4 orders, provided the petitioner cures the other defects noted in Ext.P10. This shall be done within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.14944 OF 2023 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 08.06.2022 ISSUED BY THE VILLAGE OFFICER, PANNANCHERRY VILLAGE.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 23.05.2022 ISSUED BY THE VILLAGE OFFICER, PANNANCHERRY VILLAGE.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT VIDE NO.K.DIS-11838/94 DATED 18.01.1995.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 20.11.2020 IN W.P.(C)NO.25620 OF 2020. EXHIBIT P5 TRUE COPY OF THE ORDER NO. B10- 18646/2020 DATED 08.04.2021 ISSUED BY THE TAHSILDAR (LAND RECORDS) THRISSUR. EXHIBIT P6 TRUE COPY OF THE APPLICATION IN APPENDIX-A1 DATED 16-11-2022.
EXHIBIT P7 TRUE COPY OF THE E-FILE DETAILS WHICH
SHOWS THAT THE APPLICATION WAS
SUBMITTED THROUGH ONLINE ON
16.11.2022.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED
21.11.2022.
EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED
21.11.2022 EVIDENCING THE PAYMENT OF THE FEE.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 20.01.2023.
EXHIBIT P11 TRUE COPY OF THE LETTER NO.SC3/4284/22
DATED 17.02.2023 OF THE 3RD
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN SHAHUL
HAMEED VS. PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT AND OTHERS (2018(1) KLT 1008).
RESPONDENTS EXHIBITS: NIL.