Kerala High Court
Ashwin Jacob Thomas vs State Of Kerala on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 3602 OF 2021
PETITIONER:
ASHWIN JACOB THOMAS
AGED 33 YEARS
S/O.LATE THOMAS T. MATHEW, THEKKOLIL HOUSE, PULLAD P.O.,
PATHANAMTHITTA DISTRICT, PIN 689 548
BY ADV C.S.MANU
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001.
2 THE SECRETARY
CORPORATION OF COCHIN, ERNAKULAM PIN 682 011.
3 REVENUE DIVISIONL OFFICER
FORT KOCHI, ERNAKULAM PIN 682 001.
4 TAHSILDAR
KANAYANNUR TALUK, ERNAKULAM PIN 682 001.
5 VILLAGE OFFICER
ERNAKULAM VILLAGE, ERNAKULAM PIN 682 001.
BY ADV SRI.D.G.VIPIN
BY GOVT. PLEADER SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.3602 of 2021
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Dated this the 8th day of July, 2021
JUDGMENT
Petitioner is the owner of six cents of
property in Sy. No.364/2-14 of Ernakulam village.
In order to construct a residential building, the
petitioner submitted an application before the
second respondent for obtaining building permit.
The application was not accepted for the reason
that the property is described as "Nilam" in the
revenue records. It is thus aggrieved, the
petitioner is before this Court.
2. The second respondent has filed a counter
affidavit to the effect that, the application could
be considered only after effecting changes in the
revenue records, regarding the nature of the
W. P. (C) No.3602 of 2021
property.
3. Heard learned counsel for the petitioner and
Sri. Vipin.D.G the learned standing counsel for the
Corporation.
4. The property in question forms part of the
Thevara-Perandoor Canal Housing Scheme of the GCDA,
framed under the provisions of the erstwhile Town
Planning Act 1108. The land was required for GCDA
by the State as per GO(MS) 228/73/LA & SWD dated
30.05.1973. In Antony Jayan v. State of Kerala (2015 (4) KLT 370)
and Shaji Chacko v. State of Kerala and Others (2020 (6) KLT 606),
this Court held that, when an activity is permitted
in accordance with the provisions of a scheme
prepared under the Town Planning Act, owners of
such land can put the land to the use as specified
without there being any obligation to obtain any
W. P. (C) No.3602 of 2021
further permission under the Kerala Land
Utilization Order. In view thereof, the second
respondent is to accept the petitioner's
application and consider the same.
5. Accordingly, the writ petition is allowed.
The second respondent shall accept and consider the
application for building permit, if any, submitted
by the petitioner in relation to the property
referred to first above, without insisting for an
order under the Kerala Land Utilization Order or
under Section 27A or Act 28 of 2008.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 3602/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 1.7.1999
REGISTERED AS DOCUMENT NO.2729 OF 1999 OF
SRO, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DATED
27.1.2018 REGISTERED AS DOCUMENT NO.269/18 OF
SRO, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
28.12.2020 BEARING THANDAPPER NO.24026 ISSUED
BY THE VILLAGE FIELD ASSISTANT, ERNAKULAM
VILLAGE TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE DATA BANK RELATING TO THE
PROPERTY.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
1.2.2021 SUBMITTED BY THE PETITIONER TO THE
2ND RESPONDENT.
EXHIBIT P5 (A) TRUE COPY OF THE RECEIPT REF. NO.003631 DATED
1.2.2021 ISSUED BY THE COUNTER CLERK, KOCHI
MUNICIPAL CORPORATION TO THE PETITIONER.
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