Beerankutty Haji.P.V vs Tirur Municipality
2021 Latest Caselaw 5047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                       WP(C).No.21813 OF 2019(B)


PETITIONER:

               BEERANKUTTY HAJI.P.V
               AGED 69 YEARS
               S/O. AHAMMEDKUTTY HAJI,
               PARAMPARAMBIL HOUSE, VELLAMKOTTU, POST
               THALAKADATHOOR, TIRUR TALUK,
               MALAPPURAM DISTRICT

               BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

      1        TIRUR MUNICIPALITY
               TRIKKANDIYUR P.O, TIRUR,
               MALAPPURAM DISTRICT, PIN 676 104
               REPRESENTED BY ITS SECRETARY

      2        THE SECRETARY,
               TIRUR MUNICIPALITY,
               TRIKKANDIYUR P.O, TIRUR,
               MALAPPURAM DISTRICT, PIN 676 104

      3        THE REVENUE DIVISIONAL OFFICER,
               TIRUR., POST TIRUR,
               MALAPPURAM DISTRICT, PIN 676 101

               R1-2 BY SRI.P.VENUGOPAL, SC, TIRUR MUNICIPALITY

               GP. K.J.MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21813 OF 2019(B)                  2




                         W.P.(C) No.21813 of 2019
                    ----------------------------------------------
                                  JUDGMENT

Petitioner holds 16.66 Ares of land in Re-survey No.11/17-6 and

6.55 Ares of land in Re-survey No. 11/17-10 of Tirur Village. The lands are

lying contiguously and are shown as "Nilam" (wetland) in the revenue

records. The petitioner preferred an application for building permit before

the first respondent Municipality in respect of the said lands. On the said

application, the petitioner has been issued Ext.P10 communication. As per

Ext.P10 communication, the petitioner was informed that since the lands on

which the petitioner propose to put up the building are shown in the revenue

records are "Nilam" (wetland), he has to obtain permission of the competent

authority under Section 27A of Kerala Conservation of Paddy Land and

Wetland Act, 2008 (the Act). Ext.P10 is under challenge in the writ petition.

The case of the petitioner is that he has already obtained permission of the

competent authority under the Kerala Land Utilization Order for using the

land measuring 16.66 Ares in Re-survey No.11/17-6 for other purposes and

therefore, permission under Section 27A of the the Act cannot be insisted for

constructing building in such a land. As far as the land measuring 6.55 Ares

in Re-survey No.11/17-10 is concerned, the case set out by the petitioner is

that he does not propose to construct any building in the said land and the

said land has been shown by mistake in the application preferred by the

petitioner for building permit.

2. Heard the learned counsel for the petitioner as also the

learned Standing Counsel for the first respondent Municipality.

3. If the petitioner has secured permission from the

competent authority under Kerala Land Utilization Order for making use of

the land measuring 16.66 Ares in Re-survey No.11/17-6 for other purposes,

there cannot be any impediment at all in considering the application for the

building permit submitted by the petitioner in respect of the said land.

However, in so far as the petitioner has included the land measuring 6.55

Ares in Re-survey No.11/17-10 also in the application for building permit

submitted by him and in so far as it is stated by the petitioner that he does

not wish to put up any building in the said land, the writ petition is disposed

of permitting the petitioner to prefer a fresh application for building permit

excluding the land measuring 6.55 Ares in Re-survey No.11/17-10. Needless

to say that if the petitioner prefers an application for building permit in

respect of the land measuring 16.66 Ares in Re-survey No.11/17-6, the same

shall be considered by the competent authority of the Municipality and the

building permit sought shall be granted within two weeks from the date of

receipt of the application, if the application is otherwise in order,

(SD/-) P.B.SURESH KUMAR, JUDGE.

rps

APPENDIX OF WP(C) 21813/2019 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29-10-2018

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 6(2) OF KERALA LAND UTILIZATION ORDER , 1967 DATED 29-05-

EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT , MALAPPURAM DATED 01-12-2012

EXHIBIT P4 THE TRUE COPY OF THE ORDER ISSUED BY THE REVENUE DIVISIONAL OFFICER, TIRUR DATED 8-5-2013

EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS DATED 31-08-2013 OF THE LAND REVENUE COMMISSIONER , THIRUVANANTHAPURAM

EXHIBIT P6 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 11-08-2014

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 26-07-

2018 IN WP(C) NO. 23307/2014 OF THIS HON'BLE COURT

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT DATED 30-10-2018

EXHIBIT P9 THE TRUE COPY OF THE SPECIFICATION REPORT AND AREA STATEMENT PRODUCED ALONG WITH EXT.

                      P8 APPLICATION

EXHIBIT P10           THE TRUE COPY OF THE NOTICE ISSUED BY THE
                      2ND RESPONDENT DATED 31-5-2019




               //TRUE COPY//          PA TO JUDGE