Kerala High Court
Unknown vs By Adv.Sri.Binu Paul on 16 July, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
WP(C).No. 3659 of 2018
----------------------
PETITIONER
----------
SAIRA,
MOTHEENPARAMBIL,
THODUPUZHA VILLAGE, THODUPUZHA.
BY ADV.SRI.BINU PAUL
RESPONDENT(S):
--------------
1. THODUPUZHA MUNICIPALITY,
THODUPUZHA PO, IDUKKI-685584,
REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY,
THODUPUZHA MUNICIPALITY,
THODUPUZHA PO, IDUKKI-685584.
3. THE CONVENER,
LOCAL LEVEL MONITORING COMMITTEE,
CONSTITUTED UNDER THE KERALA PADDY LAND AND WET LAND
CONSERVATION ACT 2008, THODUPUZHA MUNICIPALITY,
THODUPUZHA PO, IDUKKI.685584.
* ADDL R4 IMPLEADED
4 REVENUE DIVISIONAL OFFICER,
IDUKKI/THODUPUZHA.
* ADDL R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 16.07.2018
R1 TO R3 BY ADV.SRI.UNNIKRISHNAN V.ALAPPATT, SC
R4 BY GOVERNMENT PLEADER SRI MANURAJ K.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 3659 of 2018 (F)
--------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED
02.06.2017 ISSUED TO THE PETITIONER FROM VILLAGE
OFFICE, THODUPUZHA.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT
DATA BANK ISSUED TO THE PETITIONER FROM THE
OFFICE OF THE AGRICULTURAL OFFICER,
THODUPUZHA.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION TO THE
PETITIONER FROM THE OFFICE OF THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER,
THODUPUZHA DATED 23.10.2017 SUBMITTED BEFORE
THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE
AGRICULTURAL OFFICER THODUPUZHA DATED
30.11.2017.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.3697 OF 2017 DATED 02.06.2017.
RESPONDENTS EXHIBITS: NIL
---------------------
/TRUE COPY/
K.V. P.S.TO JUDGE
20.07.2018
SHAJI P.CHALY, J.
========================
W.P.(C) No.3659 of 2018
========================
Dated this the 16th day of July 2018
JUDGMENT
According to the petitioner, petitioner submitted an application before the 1st respondent/Secretary of the 1st respondent Municipality, seeking permission to construct a building in the property situated in Re.Survey No.118/A of Thodupuzha Taluk, Thodupuzha Village, having a total extent of 03.64 Ares. According to the petitioner, the same is kept pending for the reason that in the data bank the property in included as converted land and therefore, the building permit cannot be granted unless petitioner secures necessary orders as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008' for short) and the Kerala Land Utilisation Order, 1967 (hereinafter referred to as 'KLU Order, 1967' for short). When this writ petition has W.P.(C) No.3659 of 2018 2 come up for admission on 2.2.2018, this Court directed the Government Pleader to ascertain whether the land belonging to the petitioner is included in the data bank or not. Thereupon, a report is submitted before this Court, from where I could gather that the property was a paddy land, however, the same was converted during the year 2002. It is also the case of the petitioner that various buildings and structures are constructed by the nearby property owners. The issue was considered by this Court in W.P.(C)No.3697/2017 and a judgment was rendered on 2.6.2017 under similar circumstances and held that the Municipality can process the application submitted by the petitioner pending production of an order under the provisions of Clause 6 of the KLU Order, 1967. This Court has also taken into account the proposition of law laid down by this Court in Revenue Divisional Officer v. Jalaja Dileep [2015 (1) KLT 984 SC] and Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182] and the Division Bench judgment of this Court in Local Level W.P.(C) No.3659 of 2018 3 Monitoring Committee, Kizhakkambalam Grama Panchayat v. Mariumma [2015 (2) KLT 516] and directed the Municipality to consider the building permit application submitted by the petitioner subject to certain riders. I am of the considered opinion that petitioner is also entitled to get the same reliefs.
2. Having heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the respondents 1 and 2, there will be a direction to the 2nd repsondent to consider the building permit application submitted by the petitioner in accordance with law, de hors, the inclusion of the same in the data bank as prior converted land. Petitioner shall also file an application under Clause 6(2) of the KLU ORder, 1967 before the additional 4th respondent, who will consider the same in accordance with law to the same in accordance with law and attain finality at the earliest and at any rate within three months from the date of receipt of the application also after verifying the veracity made in the writ petition that the property is converted prior to the W.P.(C) No.3659 of 2018 4 enactment of Act, 2008. Petitioner is directed to produce copy of this writ petition along with appended documents before the additional 4th respondent. If the petitioner is able to secure the orders in accordance with the provisions of the KLU Order, 1967, the same shall be produced before the 2nd respondent for appropriate action.
This writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE jm/ \\True copy \\ PA to Judge