IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 15802 OF 2016
PETITIONER/S:
1 JAMSHEER
PATTIKADAN VEEDU,
KADANNAMANNA, PERINTHALMANNA.
2 NADRAS
THALATHIL CHANKKUMKAL VEEDU,
THIRUVAMBADI,KOZHIKODE.
BY ADV SRI.K.V.GOPINATHAN NAIR
ADV. ANUMOD B. NAIR
ADV. CHITRA G.
RESPONDENT/S:
1 THE MANJERI MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, MANJERI,PIN-676 120.
2 THE REVENUE DIVISIONAL OFFICER
MALAPPURAM,PIN-676 120.
3 VILLAGE OFFICER
MANJERI VILLAGE OFFICE, MANJERI,PIN-676 120.
*ADDL. 4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR,
PRINCIPAL AGRICULTURAL OFFICER, MANJERI.
*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 23.8.16 IN IA
NO.13205/2016.
BY ADV SRI.K.SHIBILI NAHA, SC, MANJERI MUNICIPALITY
R2,R3 AND ADDL.R4 - SRI.K.P.HARISH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.15802 of 2016
2
JUDGMENT
Dated this the 1st day of July, 2022 This writ petition is filed by the petitioner seeking to quash Exhibit P3 order passed by the Secretary of Manjeri Municipality dated 18.02.2016 whereby the application submitted by the petitioner for construction of a commercial building was declined stating that the property in question situated in Sy.No.341/3 of Manjeri Village is a paddy land included in the data bank and remaining in the village records as 'nilam'. It is thus challenging the legality and correctness of Exhibit P3, the writ petition is filed.
2. I have heard learned counsel for the petitioners Smt.G. Chitra and learned Senior Government Pleader Sri.K.P. Harish and perused the pleadings and the material on record.
3. Admittedly the property is included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Once the property is included in the data bank in terms of the provisions of the Act 2008, a person who is aggrieved has to approach the W.P.(C)No.15802 of 2016 3 concerned Local Level Monitoring Committee for ventilating his grievance by submitting appropriate application in accordance with the provisions of the Act 2008. It is also clear and evident from the Kerala Municipality Building Rules, 2011 and the Kerala Municipality Building Rules, 2019 that if any consequences under any other statute for granting building permit is remaining, the Secretary of the Municipality has to take note of the same. So also, section 14 of Act 2008 specified that "Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994) no Local Authority shall grant any licence or permit under the said Act for carrying out any activity or construction in a paddy land or a wetland or an unnotified land, nature of which has been changed in contravention of the provisions of this Act converted or reclaimed in contravention of the provisions of this Act."
4. In that view of the matter, I do not think there is any illegality or arbitrariness remaining in Exhibit P3 order liable to be interfered with by this court exercising the power of W.P.(C)No.15802 of 2016 4 judicial review conferred under Article 226 of the Constitution of India.
Therefore, the writ petition has no legal sustenance. Accordingly it is dismissed. However, I make it clear that the petitioner is at liberty to approach the Local Level Monitoring Committee concerned in accordance with the provisions of the Act 2008. If the petitioner is producing any enabling orders before the Secretary of the Grama Panchayat and submit a fresh application, I do not think the Secretary of the Grama Panchayat would not take into consideration the application and the order passed by the statutory authority and act upon the same.
Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.15802 of 2016 5 APPENDIX OF WP(C) 15802/2016 PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE SALE DEED NO:98/2015. EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER.
EXT.P3 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 18.2.2016.
EXT.P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE LIE
AND NATURE OF THE PROPERTY.
//TRUE COPY//
P.A. TO JUDGE