Kerala High Court
P.K.Saji vs Secretary, Tripunithura Municipality on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 10811 OF 2017
PETITIONER:
P.K.SAJI
AGED 48 YEARS
S/O.P.A.KUNJAPPAN, PURATHEPARAMBIL,PAZHATHOTTAM, PIN-
683 565.
BY ADV SRI.P.SATHISAN
RESPONDENTS/RESPONDENTS:
1 SECRETARY, TRIPUNITHURA MUNICIPALITY
TRIPUNITHURA-682 001.
2 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,TRIPUNITHURA MUNICIPAL
OFFICE,TRIPUNITHURA-682 001.
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, OFFICE OF TRIPUNITHURA
MUNICIPALITY,TRIPUNITHURA-682 001.
4 PRINCIPAL SECRETARY
DEPARTMENT OF LOCAL ADMINISTRATION,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY
K.S.ARUN KUMAR
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.10811 of 2017
2
P.V.KUNHIKRISHNAN,J.
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W.P (C) No.10811 of 2017
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Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of mandamus or such other writ or direction, declaring that the property covered by Exhibit P1 to P3, in Survey No. 996/1 of Kanayannoor Taluk, Nadama Village, Tripunithura Municipality is a dry land and any specification otherwise stating the same as paddy land or wetland as incorrect and illegal and the same is to be corrected and changed as dry land,
ii) To issue a writ of mandamus or such other writ or direction, directing respondents 1 an 2 to process the application for building permit submitted by petitioner as Ext.P7, treating the property not as a paddy land notwithstanding the description of property as paddy land in Exhibit P6 basic tax register and other revenue records;
iii) To issue a writ of mandamus or such other writ of direction directing respondents 1 and 2 to dispose of Exhibit P7 within a time fixed by this Hon'ble Court;
iv). Pass such other writs, orders or directions which this Hon'ble Court may find deem fit and proper in the circumstances of the case; and
v) Award costs of the proceedings to the Respondents." [SIC]
2. The grievance of the petitioner is that the building permit application is kept pending stating that the property of the petitioner is shown as Nilam. If that is the case, there are W.P (C) No.10811 of 2017 3 remedies available to the petitioner as per the Kerala Conservation of Paddy Land and Wetland Act, 2008 to change the nature of the land. Hence, this writ petition is disposed of granting liberty to the petitioner to approach the statutory authorities as per the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.10811 of 2017 4 APPENDIX OF WP(C) 10811/2017 PETITIONER EXHIBITS EXHIBIT P1 : TRUE COPY OF THE DEED NO.4905/1/04 DATED 15-12-2004 OF TRIPUNITHURA SUB REGISTRY.
EXHIBIT P2 : TRUE COPIES OF EXTRACT PAGES OF TAX PASS BOOK.
EXHIBIT P3 : TRUE COPY OF THE PHOTOGRAPHS OF THE RESIDENTIAL BUILDING.
EXHIBIT P4 : TRUE COPY OF THE POSSESSION CERTIFICATE NO.18293584 DATED 3-6-2016. EXHIBIT P5 : TRUE COPY OF THE TAX RECEIPT NO.5733018 DATED 23-3-2016.
EXHIBIT P6 : TRUE COPY OF THE EXTRACT FROM BASIC TAX REGISTER.
EXHIBIT P7 : TRUE COPY OF THE EXTRACT FROM THE APPLICATION AND THE ACKNOWLEDGMENT FROM 2ND RESPONDENT.