Kissar Banu vs The State Of Kerala
2021 Latest Caselaw 2671 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.11935 OF 2018(N)


PETITIONER:

               KISSAR BANU
               AGED 42 YEARS, W/O.SALIM, RESIDING AT KUDILINGAL
               HOUSE, DHOBY COLONY, NEAR GOVERNMENT GUEST HOUSE,
               MUNNAR KARA, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM
               TALUK, MUNNAR, IDUKKI DISTRICT.

               BY ADVS.
               SRI.PRAJIT RATNAKARAN
               SRI.K.R.AVINASH

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE SUB COLLECTOR, IDUKKI DISTRICT
               COLLECTORATE, KUYILIMALA, IDUKKI-685602.

      3        THE TAHSILDAR, DEVIKULAM TALUK
               DEVIKULAM-685613, IDUKKI DISTRICT.

      4        THE SPECIAL THASILDAR, MUNNAR TASK FORCE
               OFFICE OF THE SPECIAL THASILDAR, IKKA NAGAR, MUNNAR,
               IDUKKI-685612.

      5        THE SECRETARY
               MUNNAR GRAMA PANCHAYAT
               MUNNAR, IDUKKI-685612.


               R1 TO R4 SRI JAFAR KHAN, GOVERNMENT PLEADER
               R5 BY AVD. SRI. ARUN THOMAS

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11935 OF 2018(N)

                                         2




                                    JUDGMENT

Dated this the 22nd day of January 2021

This writ petition has been filed seeking a direction to

the Secretary of the Munnar Grama Panchayat to consider and

pass orders on Ext.P8, which is an application for grant of a

permit for renovation of an existing building.

2. The learned Standing Counsel for the Grama

Panchayat would submit that going by the interim order passed in

W.P.(C)No.1801 of 2010 dated 21.01.2010, a building permit even

for renovation can be granted by the Panchayat only on the

petitioner producing a No objection Certificate from the Revenue

authorities. The learned counsel for the petitioner submits that

his client has already approached the District Collector for

obtaining a No Objection Certificate. It is directed that if the

petitioner obtains a No Objection Certificate from the concerned

Revenue Authorities and on such NOC being produced before the

Panchayat, the Panchayat shall consider the petitioner's

application for renovation of the existing building provided such

an application is filed in the statutory format.

3. The learned Government Pleader for the Revenue

Department submits that since the petitioner is claiming only a WP(C).No.11935 OF 2018(N)

Possessory title, No Objection Certificate can be issued by the

Revenue Department only if a proper application for assignment

of land is made and such application is allowed by the Revenue

authorities.

If that be the situation, it is open to the petitioner to

apply for assignment of the land and the Revenue Authorities

shall consider the same, in accordance with law. If any application

for assignment is submitted by the petitioner, the competent

among the respondents shall take a decision thereon after

hearing the petitioner also within a period of three months from

the date of receipt of a copy of this judgment. Pending

consideration of the application for assignment, status quo as on

today shall be maintained.

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.11935 OF 2018(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 6.4.1997.

EXHIBIT P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 11.01.2010.

EXHIBIT P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 03.09.2014.

EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 27.11.2017.

EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE TAHSILDAR.

EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REQUEST BEFORE THE 5TH RESPONDENT DATED 10.9.2014.

RESPONDENTS' EXHIBITS: NIL