WP(C) NO. 17317 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 17317 OF 2022
PETITIONER/S:
JOSE P.Y.
AGED 59 YEARS
RESIDING AT 41 BLESSINGS, LINK VALLEY
KUSUMAGIRI P.O.
ERNAKULAM, PIN - 682030
BY ADVS.
C.G.PREETHA
N.G.ANITHA
DR.ABHILASH O.U.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD
ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI REVENUE DIVISIONAL OFFICE, FIRST FLOOR
KB JACOB ROAD, FORT KOCHI
KOCHI, PIN - 682001
3 THRIKKAKARA MUNICIPALITY
REPRESENTED BY THE SECRETARY
NGO QUARTERS - MAVELIPURAM ROAD, THRIKKAKARA
KAKKANAD P.O.
ERNAKULAM, PIN - 682030
4 THE VILLAGE OFFICER
KAKKANAD VILLAGE OFFICE, THRIKKAKARA
KAKKANAD P.O.
ERNAKULAM, PIN - 682030
5 THE AGRICULTURAL OFFICER
WP(C) NO. 17317 OF 2022 2
KRISHI BHAVAN, THRIKKAKKARA
KUNNUMPURAM - CIVIL STATION ROAD
THRIKKAKARA, KAKKANAD
ERNAKULAM, PIN - 682030
BY ADV S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17317 OF 2022 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 17317 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i. To issue a writ of mandamus or any other writ, order or direction to the 3rd respondent to consider and pass order on Ext P6 application for building permit without insisting to have the reference of nilam removed from the revenue records within a time frame fixed by this Hon'ble Court.
ii. To issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to issue orders on Ext P7 Form 6 application within a time frame fixed by this Hon'ble Court iii. To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case." [SIC]
2. The petitioner is aggrieved by the denial of building permit for an extension of petitioner's residential building. The 3rd respondent denied permit on the basis of inclusion of WP(C) NO. 17317 OF 2022 4 petitioner's property in the data bank and the reference of the property as nilam in the revenue records This is being done when the petitioner's property already has a house extending 689 sq.feet in it constructed in the year 1999. According to the petitioner, he is the absolute owner in possession and enjoyment of 1.63 ares of land comprised in Survey No.674/2- 6+-0 Block No.9 of Kakkanad Village, Kanayannur Taluk, Ernakulam District. The aforementioned property is included in the Data Bank prepared with respect to Kakkanad Village under Thrikkakara Municipality. The revenue records with respect to the property shows the land as "Nilam". According to the petitioner, the property is actually a garden land with a building of 689 sq.feet in it and is situated in a residential cum commercial area. The property is part of a villa project of the builders Link India Realtors Private Limited. The petitioner wanted to extend the building and applied for building permit before the Thrikkakara Municipality. It was then informed to the petitioner that the property is included in the Data Bank with remarks "Flat" and also the property is mentioned as "Nilam" in the revenue records. It was informed that the WP(C) NO. 17317 OF 2022 5 petitioner has to get the entry in revenue records corrected to get the building permit. According to the petitioner, he is entitled to get the building permit without insisting to get the entries corrected. It is stated by the petitioner that the wrong entry with respect to the subject property as nilam in the revenue records is liable to be corrected. As a matter of precaution, the petitioner filed Form 6 application on 9.3.2022. It is submitted by the petitioner that this application submitted for regularisation of conversion is pending consideration before the 2nd respondent. This writ petition is filed for a direction to the 3rd respondent to take necessary steps to issue the building permit without insisting to have the wrong entry of nilam corrected in the revenue records. Alternatively there is a prayer to issue direction to the 2nd respondent to consider and pass orders on Ext.P7 within a time limit.
3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
4. It is an admitted fact that the petitioner already constructed a building in the year 1999. Now, the proposal is only an additional construction of the ground floor and the WP(C) NO. 17317 OF 2022 6 upstair. It is the case of the respondents that the additional construction will exceeds the appurtenant land. Admittedly, the property is included in the Data Bank. The petitioner submitted Ext.P7 application, Form 6 for the correction of the entry in the revenue records. In such circumstances, according to me, Ext.P7 can be directed to dispose within a time frame and based on the decision, the Municipality can take appropriate steps.
Therefore, this writ petition is disposed of with the following directions :
1) The 2nd respondent is directed to consider and pass appropriate orders on Ext.P7 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
2) Based on the decision taken by the 2 nd respondent, the 3rd respondent will consider the building permit application of the petitioner as expeditiously as possible. While considering Form-6 application, the 2nd respondent will take a lenient view in the light of the contention raised by the petitioner in this case. I make it clear that this need WP(C) NO. 17317 OF 2022 7 not be taken as a precedent.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17317 OF 2022 8 APPENDIX OF WP(C) 17317/2022 PETITIONER EXHIBITS Exhibit P1 THE REVENUE RECORDS WITH RESPECT TO THE PROPERTY SHOWS THE LAND AS "NILAM". THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 30.12.2021 Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER BY THE 4TH RESPONDENT DATED 31.12.2021 Exhibit P3 THE TRUE COPY OF CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER BY THE SECRETARY, THEN THRIKKAKKARA GRAMA PANCHAYATH DATED 30.10.1999 Exhibit P4 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED IN FAVOUR OF THE PETITIONER BY THE 3RD RESPONDENT DATED 18.11.2000 Exhibit P5 THE TRUE COPY OF THE EXTRACT OF THE DATA BANK WITH RESPECT TO THE SUBJECT PROPERTY ISSUED BY THE 4TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20.01.2022 Exhibit P7 THE TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.03.2022