IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.24058 OF 2020(F)
PETITIONER/S:
ABDUSAMAD, AGED 64 YEARS, S/O.SAIDALIKKUTTY,
PARIYARATH, PUZHAKATTIRI P.O., PERINTHALAMANNA TALUK,
MALAPPURAM DISTRICT
BY ADV. SRI.K.RAKESH
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 322.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE CONVENOR/AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUZHAKATTIRI, MALAPPURAM DISTRICT,
PIN-679 321.
3 THE SECRETARY, PUZHAKATTIRI GRAMA PANCHAYATH,
PUZHAKATTIRI P.O., MALAPPURAM DISTRICT,
PIN-679 321.
R3 BY ADV. SRI.MANOJ RAMASWAMY
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24058/2020 2
JUDGMENT
Dated this the 7th day of January 2021 The petitioner is the owner of the land in Survey No.5/4-3 of Puzhakattiri Village in Perinthalmanna Taluk. There exists a building in the land as seen from Ext.P1 certificate issued by the third respondent. The land was initially included in the data bank. Thereafter, the petitioner made an application for removal and on the basis of the application, it was removed.
2. The petitioner wants to apply for building permit for construction of the building. The petitioner apprehends that the Panchayat will insist for compliance of the procedure under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the 'Paddy Land Act'). The petitioner submits that the Panchayat be directed to issue a building permit without insisting compliance of procedure under Section 27A of the Paddy Land Act. WP(C).No.24058/2020 3
3. The total extent of the land is 1.822 Ares. There exists a building. The said building was constructed prior to 30.12.2017. As evident from Ext.P1, the building was assessed during 1997-1998. This Court in W.P.(C) No.34791/2019 held that Section 27A of the Paddy Land Act cannot be insisted in respect of land which was utilised by constructing the building prior to 30.12.2017.
In the light of the above, there is no impediment for the Panchayat in issuing building permit in accordance with law without insisting compliance of the procedure under Section 27A of the Paddy Land Act. Needful shall be done by the Panchayat within a period of one month of receipt of such application for building permit.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.24058/2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF PUZHAKATTIRI GRAMA PANCHAYATH DATED 17.6.2019.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 19.10.2019 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 14.9.2020. RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE