Anitha Gopinathan vs The Revenue Divisional ...
2021 Latest Caselaw 11380 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                      WP(C).No.26291 OF 2020(J)


PETITIONER:

               ANITHA GOPINATHAN
               AGED 60 YEARS
               W/O GOPINADHAN, ARCADIA T.C-5/2568(4) SATHAMANGALAM,
               SATHAMANGALAM P.O.THIRUVANANTHAPURAM, PIN-695 010.

               BY ADVS.
               SRI.P.K.SOYUZ
               SRI.E.V.BABYCHAN

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
               RDO OFFICE, CIVIL STATION, SH 29,
               ERANHIPPALAM P.O, KOZHIKODE, PIN-673 020.

      2        THE LOCAL LEVEL MONITORING COMMITTEE KOZHIKODE
               MUNICIPAL CORPORATION,REPRESENTED BY ITS CONVENOR
               AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, TALUK
               ROAD, PUTHIYARA P.O.KOZHIKODE DISTRICT,
               PIN-673 004.

      3        THE TAHSILDAR (LR),
               TALUK OFFICE, KOZHIKODE, CIVIL STATION, ERANHIPPALAM,
               KOZHIKODE, PIN-673 020.

      4        THE VILLAGE OFFICER,PUTHIYANGADI VILLAGE,
               PUTHIYANGADI P.O,KOZHIKODE DISTRICT, PIN-673 020

               BY GP SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26291 OF 2020(J)

                                 2


                       Sathish Ninan, J.
                ==============================
                   W.P.(C) No.26291 of 2020
                  ==========================
             Dated this the 8th day of April, 2021
                           JUDGMENT

For consideration of the application submitted by

the petitioner in form No.6 under Rule 12(1) of the

Kerala Conservation of Paddyland and Wetland Rules r/w

Rule 27A of the Kerala Conservation of Paddyland and

Wetland Act (in short, 'the Act'), the petitioner was,

as per Ext P6 communication dated 28.10.2020, required

by the 1st respondent to produce various documents

including the building plan of the proposed building,

declaration excluding the property from the data bank

and also the title deed relating to the property. The

main grievance of the petitioner is with regard to the

requirement of production of building plan.

2. Section 27A (1) enables to seek permission for

the change of nature of an unnotified land for

residential, commercial or for other purpose. The

documents to accompany the application has been stated

in Rule 12(2) of the Rules. Same does not stipulate WP(C).No.26291 OF 2020(J)

production of building plan, as is rightly contended

by the learned counsel for the petitioner. The

relevant extract of the data bank has already been

made available by the petitioner and a copy of the

same has been marked in the writ petition as Ext P2.

At any rate, it is open for 1 st respondent to have the

data bank verified.

Accordingly, the writ petition is disposed of

ordering that, the 1st respondent shall consider Ext P5

application (form No.6) without insisting for

production of the building plan mentioned in Ext P6.

Orders shall be passed as expeditiously as possible

and at any rate within a period of three months from

the date of receipt of a copy of this judgment.

                                  Sd/-       Sathish Ninan, Judge

   vdv
 WP(C).No.26291 OF 2020(J)




                            APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1          TRUE COPY OF THE LAN TAX RECEIPT DATED
                       6.8.20

   EXHIBIT P2          TRUE COPY OF THE RELEVANT PAGE OF THE
                       DATA BANK

   EXHIBIT P3          TRUE COPY OF THE REPORT OF THE 2ND
                       RESPONDENT DATED 21.5.2014

   EXHIBIT P4          TRUE COPY OF THE BUILDING PERMIT DATED
                       8.1.2016

   EXHIBIT P5          TRUE COPY OF THE APPLICATION IN FORM
                       NO 6 DATED 23.6.2020

   EXHIBIT P6          TRUE COPY OF THE NOTICE DATED
                       28.10.2020 ISSUED BY THE 1ST
                       RESPONDENT

   EXHIBIT P7          TRUE COPY OF THE CIRCULAR NO

REV-P1/55/2020-REV DATED 30.4.2020