IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 34524 OF 2019
PETITIONER
MOHANAN,
AGED 57 YEARS
AYYIRAMKOMBATH, S/O. MADAVAN NAIR, PRESIDENT,
E M S VAYANASALA AND GRANDHASALA, KUMANGOTTUTHAZHAM
KURUVATTOR POST, KOZHIKODE DISTRICT. 673 611.
BY ADVS.
K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENTS:
1 SECRETARY,
KURUVATTOOR GRAMA PANCHAYTH,P.O. KURUVATTOOR,
KOZHIKODE DISTRICT 673 611.
2 CONVENER,
LOCAL LEVEL MONITORY COMMITTEE,
CONSTITUTED UNDER WET LAND ACT/AGRICULTURAL OFFICER,
KRISHIBHAVAN, KURUVATTOOR, KOZHIKODE DISTRICT 673 611.
3 REVENUE DIVISIONAL OFFICER,
KOZHIKODE OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOZHIKODE 673 021.
4 SECRETARY,
STATE LIBRARY COUNCIL, K. ANIRUDHAN ROAD, VAZHUTHAKKAD,
THIRUVANANTHAPURAM , KERALA 695 014.
BY ADVS.
SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
SRI. A. ARUNKUMAR (SC) - R4
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.34524 OF 2019
2
JUDGMENT
Dated this the 31st day of May, 2022 The writ petitioner, who is the President of E.M.S Library at Kuruvattoor, has filed this writ petition seeking to direct the 1st respondent to issue Occupancy Certificate to the building constructed as per Ext.P2 Building Permit, for the use of E.M.S Vayanasala and Grandhasala, Kumangottuthazham, Kuruvattoor, Kozhikode.
2. The petitioner, after construction of the building, applied for Occupancy Certificate and numbering of the building. By Ext.P6, the Secretary to the Grama Panchayat informed the petitioner that as the land is included in Data Bank of paddy land and wetland, issuance of Occupancy Certificate can be considered only after changing the nature of the land.
WP(C) NO.34524 OF 2019 3
3. When this writ petition came up for hearing today, the learned counsel for the petitioner pointed out that the Sub Collector, Kozhikode has issued Ext.P7 proceedings whereunder permission has been granted to the petitioner to use the land for other purpose. In view of Ext.P7, Ext.P6 communication has to be reconsidered.
4. Heard the learned counsel for the petitioner, the respective Standing Counsel for respondents 1 and 4 and the learned Government Pleader representing respondents 2 and
3.
5. The application for numbering the building submitted by the petitioner was not entertained as the land was included in Land Data Bank. Now that the Sub Collector, Kozhikode has permitted the petitioner to use the land for other purposes, the 1st respondent can consider the application for numbering the building and issuance of Occupancy Certificate.
WP(C) NO.34524 OF 2019 4 In view of the above, the writ petition is disposed of directing the 1st respondent to consider the application submitted by the petitioner for issuance of Occupancy Certificate and for numbering the building, in the light of Ext.P7.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.34524 OF 2019 5 APPENDIX OF WP(C) 34524/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF DOCUMENT WITH NO. 752/2015 OF SRO, KAKKODI.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 13/1/2018 ISSUED BY 1ST RESPONDENT WITH NO. A2-BA(63868) 2018.
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 14/5/2018 SUBMITTED BEFORE 4TH RESPONDENT FOR BUILDING GRANT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF 4TH RESPONDENT DATED 18/8/2018.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE FROM ASST.
ENGINEER, LSGD UNDER 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER FROM 1ST RESPONDENT DATED 18/6/2019 REJECTING THE APPLICATION FOR BUILDING NUMBER. Exhibit P7 TRUE COPY OF THE ORDER DATED 25/3/2022 WITH NO C4-518/2021 OF SUB COLLECTOR KOZHIKODE PERMITTING FOR USE OF OTHER THAN AGRICULTURE PURPOSE RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,KURUVATTOOR DATED 14.12.2017 EXHIBIT R1(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN KURUVATTOOR DATED 31.3.2018 EXHIBIT R1(c) TRUE COPY OF THE LETTER BEARING NO-
A2/3007/2019 DATED 18.6.2019 OF THE SECRETARY,KURUVATTOOR GRAMA PANCHAYAAT TO THE VILLAGE OFFICER.