Kerala High Court
Geogy George vs The Palakkad Municipality on 17 April, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
WP(C).No. 5912 of 2018
PETITIONER(S):
1. GEOGY GEORGE
KODUKAPALLY HOUSE, KALPATHY P.O., PALAKKAD 678001
2. MINY GEOGY
W/O. GEOGY GEORGE, KODUKAPALLY HOUSE, PALAKKAD 678 001
BY ADVS.SRI.S.ANANTHAKRISHNAN
SRI.N.K.SUBRAMANIAN
RESPONDENT(S):
1. THE PALAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, PALAKKAD 678 001
2. THE LOCAL LEVEL MONITORYING COMMITTEE,
REP. BY ITS CONVENER, PALAKKAD MUNICIPALITY, PALAKKAD - 678 001
R1 BY ADV. SRI.T.C.SURESH MENON
R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5912 of 2018 (L) 2
APPENDIX
PETITIONER(S)' EXHIBITS:
EXT.P1: TRUE COPY OF BASIC TAX RECEIPTS DATED 17.04.2017 ISSUED BY VILLAGE
OFFICER
EXT.P2: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.06.2017 ISSUED BY
VILLAGE OFFICER
EXT.P3: TRUE COPY OF THE ORDER OF REJECTION ISSUED BY THE RESPONDENT.
EXT.P4: TRUE COPY OF THE APPLICATIONS PENDING BEFORE 2ND RESPONDENT.
EXT.P5: TRUE COPY OF THE JUDGMENT IN W.P.NO.27037 OF 2016 OF THIS HONOURABLE
COURT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.5912 OF 2018 (L)
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Dated this the 2nd day of March, 2018
JUDGMENT
The petitioners have preferred Ext.P4 application before the 2 nd respondent, seeking an exclusion of their land from the Land Data Bank prepared for the region. It is the contention of the petitioners that the land was converted long before, and the predecessor-in- interest of the petitioners had obtained an order under Clause 6(2) of the Kerala Land Utilisation Order [KLU Order]. The petitioners have approached this Court aggrieved by the rejection of their application for building permit by the respondent Municipality, inter alia on the ground that the land in question is shown as 'Nilam' in the revenue records.
2. I have heard the learned counsel for the petitioners as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition W.P.(C).No.5912/2018 2 with the following directions:
(i) The 2nd respondent LLMC shall consider and pass orders on Ext.P4 application, preferred by the petitioners, within a period of three months from the date of receipt of a copy of this judgment, if need be, after hearing the petitioners.
(ii) The petitioners shall, in the event of obtaining an order from the 2nd respondent excluding the land belonging to the petitioners from the Land Data Bank, produce the said order along with the KLU order obtained by the predecessor-in-interest of the petitioners, in respect of the same land, if any, before the respondent Municipality, and the respondent Municipality shall consider the application for building permit, afresh, in the light of the revised DTP Scheme as also the documents produced by the petitioners, within a period of one month from the date of receipt of the documents from the petitioners. To enable the respondent Municipality to do so, I quash Ext.P3 order of the respondent Municipality.
(iii) The petitioners shall also, in the event of receipt of the order from the 2nd respondent, produce the same along with the KLU Order already obtained by the predecessor-in-interest of the petitioners, before the Land Tax Authorities, for causing a fresh W.P.(C).No.5912/2018 3 assessment and consequential change in classification of the land in the Basic Tax Register.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/2/3/18