Davis T T vs The Secretary
2021 Latest Caselaw 13088 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          WP(C) NO. 3081 OF 2021
PETITIONER:

              DAVIS T T
              AGED 49 YEARS
              S/O THOMAS,
              RESIDING AT THEKKEKKARA HOUSE, THIROOR, MULAMKUNNATHUKAVU
              P O, THRISSUR-680581.

              BY ADVS.
              SRI.K.R.AVINASH (KUNNATH)
              SRI.ABDUL RAOOF PALLIPATH



RESPONDENTS:

     1        THE SECRETARY
              KOLAZHY GRAMA PANCHAYATH,
              P O MULAMKUNNATH KAVU,
              THRISSUR-680581.

     2        KOLAZHY GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,
              P O MULAMKUNNATH KAVU,
              THRISSUR-680581.

     3        THE VILLAGE OFFICER
              KOLAZHY VILLAGE OFFICE,
              P O MULAMKUNNATH KAVU,
              THRISSUR-680581.

     4        THE AGRICULTURAL OFFICER
              KRISHI BHAVAN, KOALAZHY,
              P O MULAMKUNNATH KAVU,
              THRISSUR-680581.

     5        THE CONVENER
              LOCAL LEVEL MONITORING COMMITTEE, KOLAZHI GRAMA PANCHAYATH,
              P O MULAMKUNNATH KAVU,
              THRISSUR-680581.

     6        THAHSILDAR
              THALUK OFFICE, PALACE ROAD, THRISSUR-680020.
 WP(C) NO. 3081 OF 2021             -2-


     7     REVENUE DIVISIONAL OFFICER
           REVENUE DIVISIONAL OFFICE, CIVIL STATION, AYYANTHOLE P O,
           THRISSUR-680003.

           BY ADV SHRI. SANTHOSH P.PODUVAL, SC, KOLAZHY GRAMA
           PANCHAYAT

           BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

           BY SRI.SANTHOSH P. PODUVAL, SC, KOLAZHY GRAMA PANCHAYATH



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.3081 of 2021
          ==================
          Dated this the 23rd day of June, 2021

                          JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Ext.P7 application

dated 05.06.2020 submitted by him before the 7th

respondent in terms of Section 27A(6) of the Kerala

Conservation of Paddy land and Wetland Act, which

provides for exemption from the application of

Section 27A and the requirement to pay fee as

prescribed thereunder, for change of user.

2. According to the petitioner, he intends to

put up a residential building of only 73.15 Sq. M.

area in 2.02 Ares of land and thus is entitled for

the benefit of sub-section 6 of Section 27A. The

said provision reads thus:-

"(6) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994), no permission under this section shall be necessary for constructing a residential building having a maximum area of 120 square meters in a W. P. (C) No.3081 of 2021

maximum extent of 4.04 ares of land or a commercial building having a maximum area of 40 square meters in a maximum extent of 2.02 ares of land.

Provided that the construction of a housing complex or complexes or flats or multi-storied residential complexes shall not come within the meaning of residential building specified in this sub-section.

provided further that this exemption shall be granted only once."

3. In terms of sub-section 7 to Section 27A,

the exemption under sub-section 6 shall be

applicable only if the land in question is 'un-

notified land'. Therefore, while considering the application of the petitioner it needs to be

ascertained as to whether the land in question is

"un-notified" land or not. Be that as it may, it is

for the 7th respondent to consider the same.

Accordingly, without expressing anything on

merits, the writ petition is disposed of directing

the 7th respondent to consider and pass appropriate W. P. (C) No.3081 of 2021

orders on Ext.P7 application, on verifying the

relevant records including the Data Bank. Orders

shall be passed as expeditiously as possible.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 3081/2021

PETITIONER'S EXTS:-

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 1.10.2007 OF THRISSUR SUB REGISTRAR OFFICE EXECUTED BY JOSE AND MATHEW.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.03.2020 ISSUED BY KOLAZHY VILLAGE OFFICE.

EXHIBIT P3 TRUE COPY OF THE ENTRY IN THE DRAFT DATA BANK WITH RESPECT TO SURVEY NO.55/8-1 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 26/05/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PLAN OF THE RESIDENTIAL BUILDING OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 01.06.2020 MADE BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 05.06.2020 BEFORE THE 7TH RESPONDENT.

--------