Aby Jacob vs The Revenue Divisional Officer

Kerala High Court

Aby Jacob vs The Revenue Divisional Officer on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.17264/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
              Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                              WP(C) NO. 17264 OF 2024
   PETITIONERS:

      1. ABY JACOB AGED 54 YEARS REPRESENTED BY THE POWER OF ATTORNEY HOLDER
         PRS BUILD INDIA PVT LMT, REPRESENTED BY ITS MANAGING DIRECTOR SHRI.
         SABARI RATAN, TC-25/2421(5), SUNDARYA BUILDING, M G ROAD,
         THIRUVANANTHAPURAM, PIN - 695001
      2. CIBY JACOB AGED 53 YEARS REPRESENTED BY THE POWER OF ATTORNEY HOLDER
         PRS BUILD INDIA PVT LMT, REPRESENTED BY ITS MANAGING DIRECTOR SHRI.
         SABARI RATAN, TC-25/2421(5), SUNDARYA BUILDING, M G ROAD,
         THIRUVANANTHAPURAM, PIN - 695001

   RESPONDENTS:

      1. THE REVENUE DIVISIONAL OFFICER 1ST FLOOR, CIVIL STATION BUIDLING,
         CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -
         695043
      2. THE DISTRICT COLLECTOR 2ND FLOOR, CIVIL STATION BUILDING, CIVIL
         STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043
      3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF
         REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      4. THIRUVANANTHAPURAM MUNICIPAL CORPORATION OPP. TO MUSEUM, VIKAS
         BHAVAN P O, THIRUVANANTHAPURAM, PIN - 695033


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 1st respondent and 4th respondent not to insist on
   the payment of Rs.100/- per sq.ft. pending disposal of the writ petition,
   and to process the application for permit.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.B.G.HARINDRANATH, Senior Advocate along with M/s.AMITH KRISHNAN H.,
   GOWRI DEV, P.DEVIKRISHNA Advocates for the petitioners, the court passed
   the following:
 WP(C) No.17264/2024                         2/3                        Order Date : 10-05-2024



                           MURALI PURUSHOTHAMAN, J.
                         ---------------------------------------------
                              W.P (C) No.17264 of 2024
                       -------------------------------------------------
                         Dated this the 10th day of May, 2024


                                         ORDER

Admit.

2. Learned Government Pleader takes notice for respondents 1 to 3. Learned Standing Counsel takes notice for respondent No.4.

3. In the light of the order reported in Abad Builders Private Ltd. v. State of Kerala [2022 (5) KHC 522], there will be an interim direction to the 4th respondent to consider the application of the petitioner for building permit without insisting for payment of additional fees in terms of Rule 12 (9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

Post along with WP(C) No.2785/2021.

Sd/-

MURALI PURUSHOTHAMAN JUDGE akv WP(C) No.17264/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17264/2024 Exhibit P1 A TRUE COPY OF THE IMPUGNED ORDER BY THE 1ST RESPONDENT DATED 22.09.2023 Exhibit P2 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 1ST PETITIONER DATED 30.10.2023 Exhibit P3 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 2ND PETITIONER DATED 22.12.2023 Exhibit P4 A TRUE COPY OF THE LAND TAX RECEIPT IN THANDAPER NO.1214 DATED 23.04.2024 Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.09.2023 Exhibit P6 A TRUE COPY OF THE NO ENCUMBRANCE CERTIFICATE DATED 07.10.2023 Exhibit P7 A TRUE COPY OF THE FEE RECEIPT DATED 26.12.2023 EVIDENCING FILING THE APPLICATION FOR BUILDING PERMIT Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 26.12.2023 Exhibit P9 THE BUILDING PLAN SUBMITTED BY THE PETITIONERS Exhibit P10 A TRUE COPY OF THE CONSENT TO ESTABLISH CERTIFICATE DATED 19.03.2024 Exhibit P11 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 27.12.2023 Exhibit P12 A TRUE COPY OF THE STABILITY CERTIFICATE ISSUED BY THE CHARTERED STRUCTURAL ENGINEER DATED 22.03.2024 Exhibit P13 A TRUE COPY OF THE LETTER BY THE 4TH RESPONDENT Exhibit P14 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2785 OF 2021 DATED 17.05.2021- M/S. ABAD BUILDERS PRIVATE LIMITED V. STATE OF KERALA & ORS Exhibit P15 A TRUE COPY OF THE JUDGMENT IN HEALTH FOR MILLIONS V. UNION OF INDIA (2014) SCC 496 DATED 22.07.2013