J.Balakrishnan vs Kannadi Grama Panchayath
2021 Latest Caselaw 14674 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943

                          WP(C) NO. 23720 OF 2016

PETITIONER/S:

     1       J.BALAKRISHNAN
             AGED 32 YEARS
             S/O.JANARDHANAN, AGED 32 YEARS, RESIDING AT MUTHUKADU
             HOUSE, KINASSERY, PALAKKAD DISTRICT.
             BY ADVS.
             SRI.T.C.SURESH MENON
             SRI.P.S.APPU
             SRI.A.R.NIMOD


RESPONDENT/S:

     1       KANNADI GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, KANNADI P.O.,
             PALAKKAD - 678 701
     2       THE CONVENER
             LOCAL LEVEL MONITORING COMMITTEE (UNDER THE KERALA
             CONSERVATION OF PADDY & WET LANDS ACT) PALAKKAD-678001.
     3       THE CONVENER
             LOCAL LEVEL MONITORING COMMITTEE(UNDER THE KERALA
             CONSERVATION OF PADDY & WETLANDS ACT) PALAKKAD-678 701.

             (ADDL. R3 IS IMPLEADED AS PER ORDER DATED 30.01.2017 IN I.A.
             NO. 1302/2017)



             R2 AND R3 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

     14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 23720/2016                    :2:




                 Dated this the 14th day of July, 2021.

                            JUDGMENT

This writ petition is filed by the petitioner seeking a direction to

the first respondent Panchayat to reconsider the application for

building permit submitted by the petitioner, in the light of the dictum

laid down by this Court in Jafarkhan v. K.A. Kochumakkar & others

[2012(1) KHC 523 (DB), Praveen v. Land Revenue Commissioner

[2010(2) KLT 617] and Shahanaz Shukkoor v. Chelannur Grama

Panchayat [2009(3) KLT 899 and taking into consideration the

present state of affairs now prevailing in the area in question.

2. The petitioner is the owner of an extent of 0.0334 hectares of

landed property in R.S. No. 624/3 of Kannadi-II Village, Palakkad

District, within the limits of the Kannadi Grama Panchayat. It is

submitted that the petitioner has submitted an application seeking

building permit before the Secretary of the Grama Panchayat, which

was rejected as per Ext. P2 order dated 02.02.2016 assigning the

reason that the property in question is a paddy field. It is, thus,

challenging Ext. P2 and seeking other consequential reliefs, this writ

petition is filed.

3. Detailed deliberation of the matter is not required, even

though certain documents are produced by the Government along with

a memo dated 07.03.2017 for the reason that the learned counsel for

the petitioner fairly submitted that since the property is included in the

data bank, unless and until the petitioner seeks appropriate relief

under the provisions of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, he will not be in a position to secure permit from

the Grama Panchayat.

4. Therefore, the relief sought for in the writ petition seeking to

quash Ext. P2 is declined, however, leaving open the liberty of the

petitioner to approach the statutory authority under the Act, 2008 for

removal of the property from the data bank and if in any case the

petitioner secures necessary permission from the authority under the

Act, 2008, the liberty of the petitioner also would be left open to

approach the Secretary of the Grama Panchayat seeking permit for

construction.

With the above directions, this writ petition is disposed of.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 23720/2016

PETITIONER'S ANNEXURE:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE,KANNADI II VILLAGE TO THE PETITIONER DTD 21/7/2015 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT TO THE PETITIONER DTD 2/2/2016. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO 35857/2015 ON THE FILE OF THIS HONOURABLE COURT DTD 1/12/2015.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS to Judge

rv