IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 11491 OF 2022
PETITIONER:
1 HABEEB,
AGED 43 YEARS
S/O.ABOOBACKER.P.M., PERUMTHODATH HOUSE, MARADU(PO),
ERNAKULAM-682 304.
BY ADV NIDHI BALACHANDRAN
RESPONDENTS:
1 KUTHIATHODE GRAMA PANCHAYATH,
REPRESENTED BY TS SECRETARY, THURAVOOR (PO),
ALAPPUZHA-688 532.
2 THE ASSISTANT ENGINEER,
LSGD SECTION, KUTHIATHODE GRAMA PANCHAYATH,
THURAVOOR (PO), ALAPPUZHA-688 532.
BY ADV. SRI. J. OM PRAKASH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.11491 OF 2022
2
JUDGMENT
Dated this the 20th day of May, 2022 This writ petition is filed seeking the following reliefs:
i. to issue a writ of mandamus or any other appropriate writ, order or direction, directing 1 st respondent to remove the petitioner's 32.40 Ares of land comprising in Resurvey No.34 of block 112 (Old Sy. No.131/3) of Kuttoor Village from the data bank.
ii. to issue a writ of mandamus or other appropriate writ, order or direction commanding 1 st respondent to dispose of Ext.P4 application forthwith.
2. Heard the learned counsel for the petitioner and Sri. J. Om Prakash, the learned Standing Counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the petitioner had been issued with Ext.P1 building permit in the year 2016. He submitted an application for renewal of the same and it was renewed on condition that the petitioner obtains due WPC NO.11491 OF 2022 3 permissions for the conversion under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The learned counsel for the petitioner submits that reading of Ext.P5 itself would show that the property was lying as garden land at the time of grant of the building permit itself and that the condition that the petitioner should obtain permissions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 cannot be imposed for the renewal of the building permit.
4. The learned counsel for the petitioner places reliance on decisions of this Court in Shahanaz Shukkoor vs Chelannur Grama Panchayat [2009 (3) KLT 899], Praveen K. vs Land Revenue Commissioner, Thiruvananthapuram and Others [2010 (2) KLT 617] to contend that since the Panchayath had issued building permit to the petitioner considering the nature of the property before 30.12.2017, the condition that orders have to be obtained under the Kerala Conservation of Paddy Land and Wetland Act, 2008 cannot be insisted upon by the WPC NO.11491 OF 2022 4 Panchayath, as a condition for renewing the permit.
5. Having considered the contentions advanced and having heard the learned Standing Counsel also, I am of the opinion that in view of the fact that the building permit had been initially issued to the petitioner as early as in 2016, and since the order of renewal also refers to the fact that the property is not Paddy Land or Wetland, the Panchayath cannot insist that the petitioner should obtain orders under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, before the renewal is effected. The second condition in Ext.P5 is therefore set aside. There will be a direction to the respondents to renew the building permit issued to the petitioner within three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SKP/20.05 WPC NO.11491 OF 2022 5 APPENDIX OF WP(C) 11491/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT NO.4744/16-17(SL. NO.24) DATED 23.09.2016 ALONG WITH THE APPROVED PLAN ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 14.12.21 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 24.12.21 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.02.22 IN WPC NO.4881/22 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE ORDER NO.C1-1842/2021 DATED 08.03.22 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE