Kerala High Court
Muhammd Basheer vs Edavilangu Grama Panchayat
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF MAY 2017/29TH VAISAKHA, 1939
WP(C).No. 8468 of 2016 (G)
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PETITIONERS:
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1. MUHAMMD BASHEER, AGED 46,
S/O.ABDUL RAHIMAN,
CHALINGATTU HOUSE, EDAVILANGU,
KODUNGALLUR.
2. MAIMOONA BASHEER, AGED 40,
W/O.ABDUL RAHIMAN, CHALINGATTU HOUSE,
EDAVILANGU, KODUNGALLUR.
BY ADVS.SRI.K.R.VINOD
MS.JENCY SUSAN JOSE
SRI.V.SRI NATH
RESPONDENTS:
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1. EDAVILANGU GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, EDAVILANGU,
KODUNGALOOR, THRISSUR - 680 671.
2. THE SECRETARY,
EDAVILANGU GRAMA PANCHAYAT, EDAVILANGU,
KODUNGALOOR, THRISSUR - 680 671.
*ADDL. R3 IMPLEADED
3. THE LOCAL LEVEL MONITORING COMMITTEE,
EDAVILANGU GRAMA PANCHAYAT, EDAVILANGU,
KODUNGALOOR, THRISSUR - 680 671,
REP. BY ITS CONVENOR.
ADDL. R3 IS IMPLEADED AS PER ORDER
DATED 22.02.2017 IN IA.2684/2017.
BY ADV. SRI.C.A.CHACKO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-05-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 8468 of 2016 (G)
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APPENDIX
PETITIONERS' EXHIBITS:
P1- THE COPY OF THE LAND TAX RECEIPT ISSUED TO THE
PETITIONERS DATED 20.06.2015.
P2- THE COPY OF THE ORDER OF THE 2ND RESPONDENT
DATED 25.07.2015 ISSUED TO THE PETITIONERS.
P3- THE PHOTOGRAPH OF THE LANDED PROPERTY OF THE
PETITIONERS AND THE BUILDING THEREIN.
P4- THE COPY OF THE PROPERTY TAX PAYMENT RECEIPT ISSUED BY
THE RESPONDENTS WITH RESPECT TO THE SHOP-ROOM BEARING
DOOR NO.6/57 DATED 11.3.2016.
P5- THE COPY OF THE PROPERTY TAX PAYMENT RECEIPT ISSUED BY
THE RESPONDENTS WITH RESPECT TO THE SHOP-ROOM BEARING
DOOR NO.6/58 DATED 11.3.2016.
P6- THE COPY OF THE PROPERTY TAX PAYMENT RECEIPT ISSUED BY
THE RESPONDENTS WITH RESPECT TO THE SHOP-ROOM BEARING
DOOR NO.6/59 DATED 11.3.2016.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
DEVAN RAMACHANDRAN, J.
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W.P.(C)No.8468 of 2016
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Dated this the 19th day of May, 2017
JUDGMENT
The petitioners have filed this writ petition alleging that even though they made application for building permit before the Secretary of the Grama Panchayat the same was rejected citing that the property in which the petitioners propose to construct is a `nilam' as per the Revenue records.
2. I have heard the learned counsel for the petitioners and the learned Standing Counsel for the Panchayat.
3. The law relating to construction on property which is included as paddy filed or nilam in the Revenue records are now pretty well settled. It does not require restatement every now and then. This Court has already declared that the process for consideration of such applications will have to be in terms of either under the Kerala Land Utilisation Order or under the provisions of the Kerala Conservation of Paddy Land and Wetland Act and the Municipality will have to consider such applications in terms of the relevant provisions of the applicable Building Rules and the Panchayat Raj Act.
4. This being so, I do not think it will be justified on the part of the Secretary of the Grama Panchayat to reject the W.P.(C)No.8468/2016 ..2..
application as per Ext.P2 order on the mere ground that the property on which the construction is sought to be made has been classifed as 'nilam' in the Revenue records.
5. I, therefore, quash Ext.P2 order and direct the 2nd respondent Secretary to reconsider the application of the petitioners for building permit subject to all applicable and relevant provisions of the various Statutes including the Kerala Land Utilisation Order, the Kerala Conservation of Paddy Land and Wetland Act, the Kerala Panchayat Raj Act and the Kerala Panchayat Building Rules. Reconsider the application if required taking into account the dues of Local Level Monitoring Committee which may be called for by the additional 3rd respondent.
6. I clarify that I have not considered the entitlement of the petitioners for building permit on its merits and I deem it appropriate to direct the Secretary of the Panchayat to reconsider the same strictly in accordance with law and in terms of the applicable Statutes and Regulations.
The writ petition is thus ordered.
DEVAN RAMACHANDRAN, JUDGE skj