Mary Linnet vs The District Collector
2021 Latest Caselaw 608 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.476 OF 2021(H)


PETITIONER:

              MARY LINNET, AGED 62 YEARS, W/O. K.P.FRANCIS,
              KUTTIKATTU HOUSE, CHIRAKKAM, VARAPPUZHA P.O.,
              ERNAKULAM DISTRICT, PIN -683 517.

              BY ADV. SRI.VINUCHAND

RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, KAKKANAD, ERNAKULAM, PIN-682
              030.

     2        THE REVENUE DIVISIONAL OFFICER,
              FORT COCHIN, COCHIN, PIN-682 001.

     3        AGRICULTURAL OFFICER, VARAPPUZHA GRAMA
              PANCHAYAT, KRISHIBHAVAN, VARAPUZHA, ERNAKULAM
              DISTRICT, PIN-683 517.

     4        THE VILLAGE OFFICER,
              VARAPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN-683
              517.


              S GOPINATHAN SR GP

     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.476 OF 2021(H)

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                          JUDGMENT

Dated this the 7th day of January 2021

The petitioner is the owner of 10.23 Ares of land

comprised in Sy.No.342/8C-5 in Block No.1 of Varapuzha

Village. The petitioner submits that she constructed a

residential building on the above property. It is submitted that

the land is described as "Nilam" in the Basic Tax Register and

not included in the data bank. The petitioner submitted Form 6

application under Sec.27A of Act 28 of 2008 before the 2nd

respondent. If the petitioner had constructed a building on such

land based on the valid permit issued prior to 30.12.2017,

Sec.27A cannot be insisted upon. However, any other land,

other than covered by the building, can be legalised only

through the process under Sec.27A. Accordingly, the 2 nd

respondent is directed to take up the application, after adverting WP(C).No.476 OF 2021(H)

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to the observations as above and dispose of the application

within a period of three months, after notice to the petitioner.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.476 OF 2021(H)

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TAX PAID RECEIPT OF THE ABOVE PROPERTY DATED 8.12.2020, ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 AND TRUE COPIES OF THE PHOTOGRAPHS SHOWING P2(A) THE ACTUAL LIE AND NATURE AS WELL AS THE PRESENT APPEARANCE OF THE PROPERTIES.

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK PREPARED BY THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE BUILDING TAX OF THE RESIDENTIAL BUILDING SITUATED ON THE ABOVE PROPERTY DATED 8.11.2019 ISSUED BY THE SECRETARY, VARAPUZHA GRAMA PANCHAYATH.

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 22.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT - REVENUE DIVISIONAL OFFICER.