IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 20899 OF 2022
PETITIONERS:
1 JOJU ANTONY,
AGED 44 YEARS
S/O. ANTONY, RESIDING AT THACHETHKUDY HOUSE,
RAYAMANGALAM P.O, RAYAMANGALAM ,
ERNAKULAM DISTRICT- 683 549.
2 SUBIN JOSE,
RESIDING AT THADAYALIL HOUSE, RAYAMANGALAM P.O,
RAYAMANGALAM, ERNAKULAM DISTRICT 683 549.
BY ADVS.
ANOOP.V.NAIR
RAMESH CHAND
DEVI P.
E.ADITHYAN
A.K.ANANDA KRISHNAN
ROHAN MAMMEN ROY
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE
KAKKANAD, ERNAKULAM-682030
3 THE SECRETARY,
RAYAMANGALAM GRAMA PANCHAYAT, RAYAMANGALAM,
ERNAKULAM DISTRICT 683 549
4 THE RAYAMANGALAM GRAMA PANCHAYAT,
RAYAMANGALAM , ERNAKULAM DISTRICT -683 549,
REP. BY IT'S SECRETARY.
WP(C) NO. 20899 of 2022
2
5 THE TAHSILDAR ,
KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, 682 310.
6 THE VILLAGE OFFICER,
RAYAMANGALAM VILLAGE,
RAYAMANGALAM, ERNAKULAM DISTRICT 683 549.
7 RAJU T.A,
RESIDING AT THOZHUTHINGAL HOUSE, NELLIMOLAM,
RAYAMANGALAM P.O, ERNAKULAM DISTRICT 683 549.
SMT. SURYA BINOY B(SR. GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20899 of 2022
3
JUDGMENT
Dated this the 29th day of June, 2022 The petitioners, who are owners in possession of 1.21 Ares of land in Survey No.332/21-3 of Block No.16 of Rayamangalam Village, Kunnathunadu Taluk of Ernakulam District, have approached this Court seeking to direct respondents 3 and 4 to recall Ext.P5 notice and permit the petitioners to carry out the construction of the building in accordance with law as per Ext.P4.
2. The petitioners state that the petitioners submitted an application for Building Permit to construct a building in 1.21 Ares of property possessed by them. A Building Permit was issued to the petitioners. Subsequently, on the basis of a complaint filed by the 7th respondent, the Secretary to the Grama Panchayat has issued Ext.P5 Stop Memo.
3. By Ext.P5 Stop Memo, the petitioners were required to stop the construction work. Ext.P5 states that the Secretary WP(C) NO. 20899 of 2022 4 wants to ascertain whether the Building Permit was obtained suppressing facts. The petitioners have been required to produce the Title Deeds and Patta to ascertain the matter.
4. Counsel for the petitioners urged that the title of the petitioners' property is not in dispute. The petitioners had submitted an application for Building Permit. Enquiry was made by the Grama Panchayat and Building Permit was issued. When the construction work is in progress, at the instance of a complaint of the 7th respondent, the Grama Panchayat cannot stop construction of the building without ascertaining true facts. According to the counsel for the petitioners, there is no prohibition in the Patta on the use of land for building construction. The only condition stipulated in the Patta is a restriction for 10 years, on alienation of the land.
5. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel opposed all the contentions made by the petitioners. It is submitted that Ext.P5 has been issued on the basis of a complaint received from the WP(C) NO. 20899 of 2022 5 7th respondent and in response to Ext.P5 notice, the petitioners have produced copies of relevant documents. Now, the Panchayat will be taking a decision based on the documents submitted by the petitioners and the decision can be taken expeditiously.
6. I have heard the learned counsel for the petitioners, the learned Standing Counsel representing respondents 3 and 4 and also the learned Government Pleader representing respondents 1, 2, 5 and 6. Notice to the 7th respondent is dispensed with in view of the nature of the relief to be granted in this writ petition.
7. The reason for issuance of Ext.P5 is the doubt raised by the Secretary to the Grama Panchayat as to suppression of facts in obtaining Building Permit by the petitioners. It is submitted by the petitioners that the Patta consists of two conditions, one not to alienate the property for 10 years and the second, the land shall not be used by the Patta holder and his family members except for residential purpose. When the WP(C) NO. 20899 of 2022 6 restriction of alienation is limited to a period of 10 years, prima facie the condition as to residence should also be limited to that period. This Court does not wish to make any opinion on merits on that aspect at this stage as the matter is pending consideration before the Panchayat authorities.
In the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent to consider the documents submitted by the petitioners and finalise the proceedings on Ext.P5, as expeditiously as possible, and at any rate, within a period of one week, from the date of receipt of a copy of this judgment. The decision shall be communicated to the petitioners.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 20899 of 2022 7 APPENDIX OF WP(C) 20899/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER, DATED 03.04.2022.
Exhibit P1(A) TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL07051503628/2022, DATED 11.04.2022.
Exhibit P1(B) TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ON THE PROPERTY OF THE PETITIONERS BEARING NO. 3908/2022, DATED 03.06.2022.
Exhibit P1(C) TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONERS BEARING NO.298/2022, DATED 05.04.2022.
Exhibit P2 TRUE COPY OF THE SALE DEED NO.
1836/2021 OF SRO KURUPPUMPADY, IN RESPECT OF THE PROPERTY OF THE PETITIONERS, DATED 06.10.2021.
Exhibit P3 TRUE COPY OF THE PLAN FOR CONSTRUCTION OF COMMERCIAL BUILDING IN THE PROPERTY OWNED BY THE PETITIONERS IN SY NO.
332/21-3 AT RAYAMANGALAM VILLAGE, SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO. A5-BA (54411)/2022, DATED 14.02.2022 ISSUED BY THE 3RD RESPONDENT T THE PETITIONERS.
Exhibit P5 TRUE COPY OF THE NOTICE NO. SC3-
1213/22, DATED 31.05.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
RESPONDENT'S/S EXHIBITS : NIL