Kerala High Court
Shaheer B.T vs Kannur Municipal Corporation on 10 January, 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 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940
WP(C).No. 41744 of 2018
PETITIONER/S:
1 SHAHEER B.T.
AGED 48 YEARS
S/O.A.K.MUSTHAFA, SUKOON, KASANAKOTTA ROAD,
ANAYIDUKU, THANA, KANNUR-670 012.
2 MUNEER BAYATHANAL
AGED 46 YEARS
S/O.A.K.MUSTHAFA, ZAKEENAS, KURUVA ROAD, THAYIL P.O.,
KANNUR-670 003.
3 SULU SHAHANAS KURIKKALATH
AGED 39 YEARS
D/O.O.T.YOUSUFF, SUSHARA, KUNHIPPALLY, KOTTALI P.O.,
KANNUR-670 005.
4 ABDUL RAZACK SAIDAMMARAKATH
AGED 53 YEARS
PAZHAYA PURAYIL, S/O.MOHAMMED KUNHI.P.K., HASHIM
MANZIL, PUTHIYA PARAMBA ROAD, VALAPATTANAM P.O.,
KANNUR-670 010.
5 NOOR AH FAWAS
AGED 32 YEARS
W/O.FAWAS CHERIYA VAITHANAGALATH, NOORASHA, CHIRAKKAL
KULAM P.O., KANNUR-670 003.
6 VILLANTAKATH RASEENATH
AGED 38 YEARS
D/O.ABDUL MUTHALIB, RAFEENAS MOOPAN PARA,
P.O.VALAPATTANAM, KANNUR-670 012.
7 MUSTHAFA MOHAMMED ASHIQ
AGED 50 YEARS
S/O.MUSTHAFA, SHAMRAH, NALUVAYAL P.O., KANNUR-670
003.
8 RUBEENATH MOHAMMED ASHIQ
AGED 40 YEARS
W/O.MUSTHAFA MOHAMMED ASHIQ, RESIDING NEAR RUBEENA
TIMBERS, NEAR HIGHWAY JUNCTION, P.O.VALAPATTANAM,
KANNUR-670 010.
WP(C).No. 41744 of 2018
2
9 VATTAKANDY ABDUL HAMEED
AGED 70 YEARS
S/O.HYDROSE, RAMLAS, MUZHATHADAM, THANA P.O.,
KANNUR-670 012.
10 SHASUL MOOSAPPI KALLINKEEL
AGED 38 YEARS
S/O.K.P.MAJEED, SHAMS, OTTATHENGU, ALAVIL P.O.,
KANNUR-670 008.
11 MOTHIRAVALLY ARAVINDAKSHAN
AGED 58 YEARS
S/O.KELU, JANAKI NIVAS, NEAR HARISCHANDRA MILL,
CIVIL STATION P.O., KANNUR-670 002.
12 SHUHAIBA MOHAMMED FAROOK
AGED 51 YEARS
D/O.A.K.MUSTHAFA,ZAKKENAS, KURUVA ROAD, THAYYIL
P.O., KANNUR-670 003.
13 SAJINA ABDUL RAZACK
AGED 42 YEARS
W/O.ABDUL RAZACK, SAIDAMMARAKATH PAZHAYA PURAYIL,
ZAKKEENAS KURUVA ROAD, THAYYIL P.O., KANNUR-670
003.
14 FAWAS CHERIYA VAITHANGALATH
AGED 38 YEARS
S/O.APPIPARAMBATH MUHAMMED, SHAHEER, C.V.HOUSE,
MANNA, VALAPPATTANAM P.O., KANNUR-670 010. (THE
PETITIONERS NO.2 TO 14 ARE REPRESENTED BY THEIR
POWER OF ATTORNEY, THE 1ST PETITIONER).
BY ADV. SMT.P.SHEEBA
RESPONDENT/S:
1 KANNUR MUNICIPAL CORPORATION
KANNUR-670 001, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, KANNUR MUNICIPAL CORPORATION,
KANNUR-670 001.
WP(C).No. 41744 of 2018
3
3 REVENUE DIVISIONAL OFFICER,
THALASSERY, KANNUR DISTRICT-670 101.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
R3 BY GOVERNMENT PLEADER SRI.MANOJ, P.M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 41744 of 2018
4
JUDGMENT
Petitioners are the owners in possession of 49.2943 Ares of property situate in Re.Survey No.34/2A of Ward No.2, Block No.1 of Kannur II Village. According to the petitioner, though the property is remaining as a garden land and not included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008' for short), it is remaining in the village records and BTR as paddy field. Thereupon, now petitioner has submitted Ext.P4 application before the 3rd respondent under Section 27A of Act 2008 as amended by Act 2018 seeking permission for utilisation of the property for other purposes other than paddy cultivation and agricultural operations. In the meanwhile, even though petitioner has submitted an application seeking building permit before the 2 nd respondent, the same was rejected as per Ext.P1 assigning the reason that the property is remaining in the revenue records and BTR as paddy field. It is thus seeking appropriate directions, this writ petition is filed.
2. Having heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the 1 st and 2nd respondents, there will be a direction to the 3 rd respondent to finalise Ext.P4, and attain finality to the same, at the earliest and at WP(C).No. 41744 of 2018 5 any rate within three months from the date of receipt of a copy of this judgment, taking into account the parameters and stipulations contained under Section 27A of Act 2008 as amended by Act 2018. Needless to say, if the petitioner is producing necessary orders as directed above, the building permit application submitted by the petitioner, shall be reconsidered, in accordance with law, taking into account the orders if any produced as directed above. Petitioner is directed to produce a copy of the writ petition along with the appendant documents before the statutory authorities for appropriate action.
The writ petition is disposed of accordingly.
SHAJI P.CHALY JUDGE Jm WP(C).No. 41744 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE COMMUNICATION NO.E3/3084/18 DATED 28.05.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 COPY OF THE CERTIFICATE NO.REF.02/2018 DATED 15.01.2018 ISSUED BY THE VILLAGE OFFICER.
EXHIBIT P3 COPY OF THE GOOGLE MAP FOR THE YEAR 2003 IN RESPECT OF THE PETITIONER'S PROPERTY IN WHICH WOODLANDS LODGE WAS SITUATED.
EXHIBIT P4 COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 31.10.2018.
EXHIBIT P5 COPY OF THE RECEIPT SHOWING THAT THE APPLICATION HAS BEEN RECEIVED BY THE 3RD RESPONDENT AS EARLY AS ON 31.10.2018.