Marks Kadakampally vs Municipal Corporation Of Kochi
2021 Latest Caselaw 9046 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                        WP(C).No.536 OF 2021(N)


PETITIONER:

               MARKS KADAKAMPALLY,
               AGED 70, S/O. K.G. VARGHESE, KADAKAMPALLY,
               KARIPPUZHA P.O., MAVELIKARA TALUK,
               ALAPPUZHA DISTRICT,
               PIN - 690 103, REPRESENTED BY POA HOLDER OF JOJI
               THOMMY, AGED 53, S/O. LATE P. THOMMY,
               MATTATHIL HOUSE, MANJUMEL JANATHA P.O.
               ERNAKULAM DISTRICT, PIN- 683 501.

               BY ADVS.
               SRI.JOSEPH GEORGE
               SRI.P.A.REJIMON
               SRI.BIPIN.K.S

RESPONDENTS:

      1        MUNICIPAL CORPORATION OF KOCHI
               REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
               PARK AVENUE ROAD, ERNAKULAM , KOCHI 682 011.

      2        THE SECRETARY,
               MUNICIPAL CORPORATION OF KOCHI,
               CORPORATION OFFICE, PARK AVENUE ROAD,
               ERNAKULAM , KOCHI, PIN - 682 011.

      3        THE ASSISTANT EXECUTIVE ENGINEER,
               (TOWN PLANNING SECTION),
               MUNICIPAL CORPORATION OF KOCHI,
               CORPORATION OFFICE, PARK AVENUE ROAD,
               ERNAKULAM , KOCHI, PIN- 682 011.

      4        THE GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
               REPRESENTED BY ITS SECRETARY, OFFICE OF GCDA,
               S.A. ROAD, KADAVANTHRA P.O. , KOCHI 682 020.

      5        THE REVENUE DIVISIONAL OFFICER -FORT KOCHI,
               OFFICE OF RDO, FORT KOCHI, PIN - 682 001.

      6        THE VILLAGE OFFICER- ELAMKULAM,
               VILLAGE OFFICE ELAMKULAM,
               KADAVANTHRA P.O., ERNAKULAM DISTRICT, PIN- 682 020.
 WP(C).No.536 OF 2021(N)

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     7     THE LOCAL LEVEL MONITORING COMMITTEE,
           ELAMKULAM, REPRESENTED BY IS CONVENER,
           AGRICULTURAL OFFICER- VYTILA, KRISHI BHAVAN,
           VYTILA P.O., ERNAKULAM DISTRICT, PIN-682 019.

     8     THE DISTRICT COLLECTOR
           ERNAKULAM, KAKKANAD P.O., ERNAKUALM,
           PIN- 682 030.

     9     STATE OF KERALA
           REPRESENTED BY PRINCIPAL SECRETARY,
           DEPARTMENT OF REVENUE,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN- 695 001.

           BY ADVS.
           SRI.JIBU P THOMAS
           SMT.MINI.V.A.

           SMT. G. RANJITA, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.536 OF 2021(N)

                                   3




                    W.P.(C) No.536 of 2021
             -----------------------------------------------


                          JUDGMENT

Petitioner is an allottee of a residential plot by the

fourth respondent in an area acquired and developed by the

fourth respondent for residential purpose under a scheme

sanctioned by the Government under the Town Planning Act

namely 'Thevara-Perandoor Canal Town Planning Scheme' (the

Scheme). After obtaining allotment, the petitioner obtained a

building permit to construct a residential building in the said

plot. Ext.P3 is the building permit obtained by the petitioner

in this regard on 15.03.2004. It is stated that the petitioner

could not complete the construction of the residential building

within the time stipulated in the building permit. The

petitioner could complete the construction only during 2020.

In the circumstances, after the construction, the petitioner

preferred an application before the first respondent

Corporation for regularization of the construction. On the said WP(C).No.536 OF 2021(N)

application, the petitioner has been issued Ext.P6

communication stating that the land of the petitioner is shown

in the revenue records as "Nilam" and as such, he has to

obtain permission of the competent Authority under Act 29 of

2018, in terms of which Sections 27A and 27C were introduced

to the Kerala Conservation of Paddy Land and Wetland Act,

2008. Ext.P6 communication is under challenge in the writ

petition.

2. Heard the learned counsel for the petitioner,

the learned Government Pleader as also the learned Standing

Counsel for respondents 2 and 4.

3. The fact that the residential plot owned by the

petitioner is one of the residential plots in an area acquired,

developed and allotted for residential purpose by the fourth

respondent in terms of the Scheme is not in dispute. It was

held by this court in State of Kerala v. Binu Mathew

Chacko, 2021 (1) KLT 232 that the provisions of Act 29 of

2018 will not apply to such a land. In the light of the said

judgment, Ext.P6 is unsustainable.

In the result, the writ petition is allowed, Ext.P6 is WP(C).No.536 OF 2021(N)

set aside and the first respondent Corporation is directed to

consider and pass orders on the application preferred by the

petitioner for regularisation of the construction undertaken by

him without insisting compliance of the provisions of Act 29 of

2018. This shall be done within eight weeks.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV WP(C).No.536 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF SALE DEED NO.

1338/1994 DATED 27.01.1994 OF ERNAKULAM SUB REGISTRAR OFFICE.

EXHIBIT P2 TRUE PHOTOCOPY OF TAX RECEIPT NUMBER KL07022306062/2020 DATED 15.06.2020 ISSUED FROM THE VILLAGE OFFICE ELAMKULAM

EXHIBIT P3 TRUE PHOTOCOPY OF BUILDING PERMIT NO.

MOPI/58/04 DATED 15.03.2004 ISSUED BY THE CORPORATION OF KOCHI.

EXHIBIT P4 TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT RECEIPT WITH REFERENCE NO. 24389 DATED 15.09.2020 ISSUED FROM THE CORPORATION OF KOCHI.

EXHIBIT P5 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE NO. 47277834 DATED 18.06.2020 ISSUED FROM THE VILLAGE OFFICE ELAMKULAM.

EXHIBIT P6 TRUE PHOTOCOPY OF COMMUNICATION NO.

MOP/ICOC/24389/20 DATED 06.10.2020.