Kerala High Court
Ramachandran.T.S vs State Of Kerala on 9 November, 2021
WP(C) NO.24623 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 24623 OF 2021
PETITIONER/S:
RAMACHANDRAN T.S.,
AGED 58 YEARS,
S/O.SANKARAN, THIRUVANGADAN HOUSE,
CHIRAKKAL P.O., KANNUR DISTRICT.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE ROAD, THAVAKKARA,
KANNUR DISTRICT - 670 002.
3 SUB COLLECTOR
TALIPARAMBA, REVENUE TOWER,
COURT ROAD, TALIPARAMBA,
KANNUR DISTRICT - 670 141.
4 TAHSILDAR
TALUK OFFICE, TALIPARAMBA,
KANNUR DISTRICT - 670 141.
5 VILLAGE OFFICER
PAPPINISSERI VILLAGE OFFICE, KEECHERI,
VELAPURAM, KANNUR DISTRICT - 670 561.
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHI BHAVAN, PAPPINISSERI,
KANNUR DISTRICT - 670 561.
WP(C) NO.24623 OF 2021 2
7 PAPPINISSERI GRAMA PANCHAYAT
VELAPURAM PALAM, PAPPINISSERI,
KANNUR DISTRICT - 670 561
REPRESENTED BY ITS SECRETARY.
8 THE DIRECTOR
COASTAL ZONE MANAGEMENT AUTHORITY,
SASTRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
APPU P.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24623 OF 2021 3
ANU SIVARAMAN, J.
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W.P.C. No.24623 of 2021
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Dated this the 9th day of November, 2021
JUDGMENT
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This writ petition is filed challenging Exts.P6, P7, P8 and P10
proceedings and seeking a direction to the 3 rd respondent to finalize
Ext.P9 proceedings with regard to the property owned by the
petitioner.
2. The learned counsel appearing for the petitioner submits that
the petitioner is the owner in possession of 1.0660 hectares (2 acres
66.5 cents) in Re. Survey No.214/103 and 0.0627 hectares (32 cents)
in Re. Survey No.214/102 of Pappinisseri Village, Taliparamba Taluk
in Kannur District. It is submitted that the petitioner is intending to
construct a tourist resort, for which, he had made application for
building permit. However, it is stated that some extent of property in
Survey No.214/11 of Pappinisseri Village is shown as paddy land in
the Basic Tax Register. The petitioner, therefore submitted an
application for removal of property from the data bank. It is
submitted that the petitioner had obtained a report under the Right
to Information Act, 2005, in which, it is stated by the Local Level
Monitoring Committee that the extent of 247 cents in Re-Survey
No.214/11 and also 5 cents in Survey No.214/2 cannot be removed
from the data bank. However, with regard to 15 cents of property in
Re.Survey No.214/2, it is stated that an extent of 10 cents was
converted prior to 2008 and an extent of 15 cents in Re-Survey
No.214/11 was converted after 2008. A copy of the communication
received from the Sub Collector, along with the report of the Local
Level Monitoring Committee is produced herewith as Ext.P8. It is
submitted that on the basis of Ext.P8, Ext.P9 communication has
been issued by the 3rd respondent to the Agricultural Officer. It is
submitted that the said proceedings have to be finalised without
delay.
3. The learned Government Pleader submits that Exts.P8 and P9
are internal communications and that the application submitted by
the petitioner under Form 5 will be considered, in accordance with
law, by the 3rd respondent.
4. The learned Standing Counsel appearing for the Coastal Zone
Management Authority would submit that the address of the 8th
respondent is incorrect, since there is no post of Director in the
Coastal Zone Management Authority and the authority is to be
represented by its Member Secretary.
5. Having considered the contentions advanced, I am of the
opinion that, it is initially for the 3 rd respondent to take appropriate
decision on the application submitted in Form No:5 by the petitioner,
in accordance with law. Therefore, without expressing anything on
the merits of the matter, there will be a direction to the 3 rd
respondent to conclude the proceedings, as is evident from Exts.P6
to P9 and to take appropriate decision on the application under Form
No:5, within a period of six weeks from the date of receipt of a copy
of this judgment. Thereafter, if the applications are allowed, it will be
open to the petitioner to make applications for building permit and
for NOC, if so required, from the Coastal Zone Management
Authority.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN,
JUDGE
NS
APPENDIX OF WP(C) 24623/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.1278 OF SRO
CHIRAKKAL DATED 26/6/2006.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER DATED 07/06/2020.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
30/05/2020.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.A2-1269/06
DATED NIL SENT BY THE 7TH RESPONDENT TO THE 8TH
RESPONDENT DATED 10/11/2006.
EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 7TH
RESPONDENT PANCHAYAT TO PETITIONER DATED
22/6/2020.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO.A2-2691/2020
DATED 24/8/2020 SENT BY THE 7TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE KSREC REPORT NO.A-
172/2015/KSREC/008980/19 DATED 23/3/2020.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION REF.NO.H-
2553/2020 DATED 20/3/2020 RECEIVED FROM THE SUB
COLLECTOR WITH REPORT OF THE LOCAL LEVEL
MONITORING COMMITTEE.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION REF.29800/19/H
DATED 14/07/2020 ISSUED BY THE SUB COLLECTOR.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION
NO.SC.2.5561/2021 DATED 3/09/2021 SENT BY THE
7TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 7TH RESPONDENT ON
1/9/2021
RESPONDENT(S) EXHIBITS : NIL
