Abdusamad vs The Revenue Divisional ...
2021 Latest Caselaw 540 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.24058 OF 2020(F)


PETITIONER/S:

                ABDUSAMAD, AGED 64 YEARS, S/O.SAIDALIKKUTTY,
                PARIYARATH, PUZHAKATTIRI P.O., PERINTHALAMANNA TALUK,
                MALAPPURAM DISTRICT

                BY ADV. SRI.K.RAKESH

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
                PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 322.

      2         THE LOCAL LEVEL MONITORING COMMITTEE,
                REPRESENTED BY THE CONVENOR/AGRICULTURAL OFFICER,
                KRISHI BHAVAN, PUZHAKATTIRI, MALAPPURAM DISTRICT,
                PIN-679 321.

      3         THE SECRETARY, PUZHAKATTIRI GRAMA PANCHAYATH,
                PUZHAKATTIRI P.O., MALAPPURAM DISTRICT,
                PIN-679 321.

                R3 BY ADV. SRI.MANOJ RAMASWAMY

                BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   WP(C).No.24058/2020             2




                           JUDGMENT

Dated this the 7th day of January 2021

The petitioner is the owner of the land in Survey

No.5/4-3 of Puzhakattiri Village in Perinthalmanna

Taluk. There exists a building in the land as seen

from Ext.P1 certificate issued by the third

respondent. The land was initially included in the

data bank. Thereafter, the petitioner made an

application for removal and on the basis of the

application, it was removed.

2. The petitioner wants to apply for building

permit for construction of the building. The

petitioner apprehends that the Panchayat will insist

for compliance of the procedure under Section 27A of

the Kerala Conservation of Paddy Land and Wetland

Act, 2008 (for short, the 'Paddy Land Act'). The

petitioner submits that the Panchayat be directed to

issue a building permit without insisting compliance

of procedure under Section 27A of the Paddy Land Act.

3. The total extent of the land is 1.822 Ares.

There exists a building. The said building was

constructed prior to 30.12.2017. As evident from

Ext.P1, the building was assessed during 1997-1998.

This Court in W.P.(C) No.34791/2019 held that Section

27A of the Paddy Land Act cannot be insisted in respect

of land which was utilised by constructing the

building prior to 30.12.2017.

In the light of the above, there is no impediment

for the Panchayat in issuing building permit in

accordance with law without insisting compliance of the

procedure under Section 27A of the Paddy Land Act.

Needful shall be done by the Panchayat within a period

of one month of receipt of such application for

building permit.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF PUZHAKATTIRI GRAMA PANCHAYATH DATED 17.6.2019.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 19.10.2019 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 14.9.2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE