Pravins vs The State Of Kerala

Kerala High Court

Pravins vs The State Of Kerala on 21 May, 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
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 10661 OF 2017
PETITIONER:
           PRAVINS
           AGED 39 YEARS
           S/O.DEVASSYKKUTTY, MENACHERY HOUSE,MADAKKATHARA P.O.,
           THRISSUR DISTRICT 680 651.

            BY ADVS.
            SRI.G.SREEKUMAR (CHELUR)
            SRI.K.R.ARUN KRISHNAN


RESPONDENTS:
     1     THE STATE OF KERALA
           REP. BY THE SECRETARY TO THE GOVERNMENT,LOCAL SELF
           GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.

    2       THE REVENUE DIVISIONAL OFFICER
            COLLECTORATE, AYYANTHOLE, THISSUR,THE ASSISTANT
            ENGINEER, LSGD,IRINJALAKUDA MUNICIPALITY, THRISSUR -
            680 121.

    3       THE MADAKKATHARA PANCHAYATH
            REP. BY ITS SECRETARY, MADAKKATHARA P.O.,THRISSUR
            DISTRICT, PIN: 680 651.

    4       THE CONVENOR
            LOCAL LEVEL MONITORING COMMITTEE, MADAKKATHARA
            PANCHAYATH, MADAKKATHARA P.O., THRISSUR DISTRICT,PIN:
            680 651.

            BY ADVS.
            GOVERNMENT PLEADER
            SRI.RAJIT


OTHER PRESENT:
           SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10661 of 2017


                                       2

                   P.V.KUNHIKRISHNAN,J.
                ---------------------
                   W.P (C) No.10661 of 2017
             ---------------------------
               Dated this the 21st day of May, 2024

                                JUDGMENT

This writ petition is filed with the following prayers:-

"i) Declare that the property covered by Ext P1 is garden land in the interest of justice.

ii) Issue a writ of Mandamus or any other appropriate writ or order of direction commanding the 2nd to consider Exhibit P6 in the light of Exhibit P3 for re-assessment of land revenue registers owned by the petitioner as per Exhibit P1 within a short span of time as fixed by this honourable court in the interests of Justice.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to make necessary re assessments in revenue registers of the land covered by Exhibit P1 within the stipulated time limits fixed by this honourable court, in the interest of justice.

iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to consider Exhibit P2 application for a building permit and grant the same within the time limits stipulated by this court in the interests of Justice.

v) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." [SIC]

2. According to the petitioner, he is in possession of 21.04 Ares of property lying in survey number 585/p of Madakkathara Village, Thrissur Taluk. The petitioner applied W.P (C) No.10661 of 2017 3 for the grant of building permit before the second respondent as evident by Ext.P3 receipt. The same is not considered is the grievance of the petitioner. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. When this writ petition came up for consideration on 28.03.2017, this Court passed the following order:-

"Admit.

The learned Government Pleader takes notice for the 1 and 2 respondents. Notice by speed post to the 3rd and 4th respondents. The petitioner shall serve a copy of the writ petition on the Government Pleader.

Post after six weeks for the counter affidavit of the respondents.

The petitioner shall produce a copy of the writ petition before the Agricultural Officer along with the copy of the Field Measurement Book [FMB] and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695

033. On the direction of the Agricultural so to do, W.P (C) No.10661 of 2017 4 the petitioner shall remit the required fees drawing a DD in favour of the Director, KSREC, and entrusting the said DD with the Agricultural Officer who shall issue a receipt in token of received the DD. The Agricultural Officer shall then obtain the report and map from the Director, KSREC, who shall issue the same on the strength of the DD and covering letter forwarded to it by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall, in his capacity as Convenor of the LLMC, conduct physical inspection of the property and submit a report before this Court as to the lie and nature of the property, as it exists at present, along with the report from the KSREC. The report the Local Level Monitoring Committee (LLMC) should indicate, whether or not, on the basis of the enquiry conducted by it, the LLMC is of the opinion that the land in question is to be included in the Land Data Bank as paddy land or wetland."

5. Based on the above report, the convenor, the Local Level Monitoring Committee submitted a report. It will be beneficial to extract the conclusion of the LLMC.

"From the entries on the aforesaid records and findings arrived on site inspection, the LLMC has concluded that the aforesaid 52 cents is dry land prior to the inactment of Kerala Conservation of Paddy Land and Wetland Act 2008. The property is not paddy field in the present condition."

6. In the light of the above, the petitioner can file a fresh application for building permit in accordance with law. If the property is included in the data bank, the petitioner is free to take appropriate steps to remove the same in the light of the report of the LLMC.

Therefore, this writ petition is disposed of with the following directions:-

1) The petitioner is free to submit an application for building permit before the 3 rd respondent and if such an application is received, the 3rd respondent will consider the same and pass appropriate orders in it, in the light of the report of the LLMC, as expeditiously as possible.

2) If the property is included in the data bank, the petitioner should approach the statutory authorities to remove the same before filing the building permit application in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.10661 of 2017 6 APPENDIX OF WP(C) 10661/2017 PETITIONER EXHIBITS EXT.P1 TRUE COPY OF SETTLEMENT DEED EXECUTED BY THE FATHER OF THE PETITIONER IN FAVOUR OF HIM HDATED 30/3/2015 EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE ALONG WITH THE REPLY GIVEN BY PRINCIPAL AGRICULTURAL OFFICER, THRISSUR DATED 8/8/2016 EXT.P3 TRUE COPY OF THE ACKNOWLEDGMENT GIVEN BY THE 3RD RESSPONDENT TO THE PETITIONER DATED 6/1/2017 EXT.P4 TRUE COPY OF THE CIRCULAR ISSUED BY THE REVENUE DEPARTMENT OF KERALA STATE DATED 1/3/2017 EXT.P5 TRUE COPY OF THE RELEVANT PAGE OF THE THAT BANK REGISTRAR IS COVERED BY EXHIBIT P1 EXT.P6 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 13/3/2017 EXT.P7 TRUE COPY OF POSSESSION CERTIFICATE TAX RECEIPT, LOCATION SKETCH AS CONCERNING THE LAND COVERED BY EXHIBIT P1