Binosh Babu vs State Of Kerala
2021 Latest Caselaw 22979 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
            THE HONOURABLE MR. JUSTICE T.R.RAVI
 TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA,
                            1943
                  WP(C) NO. 33470 OF 2017
PETITIONER/S:

          BINOSH BABU
          S/O. BABU,
          AGED 26 YEARS,
          THUNDIL HOUSE, MEPPADAM,
          CHELAKKARA P.O., THALAPPALLY TALUK,
          THRISSUR-680586,
          REPRESENTED BY HIS FATHER/POWER OF ATTORNEY
          HOLDER B. BABU

          BY ADV T.RAJASEKHARAN NAIR



RESPONDENT/S:

      1    STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY,
           DEPARTMENT OF AGRICULTURE,
           TRIVANDRUM-695001.

      2    DISTRICT COLLECTOR
           COLLECTORATE,
           THRISSUR-680001.

      3    THE CHAIRMAN
           DISTRICT LEVEL MONITORING COMMITTEE,
           THRISSUR-6800001.

      4    THE VILLAGE OFFICER
           VENGANELUR VILLAGE OFFICE,
           THRISSUR-680586.

      5    THE AGRICULTURAL OFFICER
           KRISHI BHAVAN, CHELAKKARA,
           CHELAKKARA P.O, THRISSUR-680586.
 WP(C) NO. 33470 OF 2017
                                2



      6     CHELAKKARA GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY,
            CHELAKKARA P.O - 680 586.
             BY SRI. VIPIN NARAYAN, GOVERNMENT PLEADER




     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION   ON   23.11.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 33470 OF 2017
                                       3



                              JUDGMENT

This Writ Petition has been filed challenging orders

issued on a request made by the petitioner for permission to

construct a residential house in a paddy land. The request

was made since the petitioner does not have any residential

house of his own and he does not own any other residential

plots wherein he can construct a residential house. Even

though, initially the LLMC had recommended for permission,

the district level authorities rejected and subsequently the

Government also rejected, specifically on the reason that

there is paddy cultivation nearby. The orders of the

Government and District Level Committee have been

challenged in this Writ Petition.

2. The Writ Petition was filed in the year 2017. Pending

this Writ Petition, the petitioner has produced some

photographs, which would go to show that the nature of the

land is not as stated in the orders impugned. In the above WP(C) NO. 33470 OF 2017

circumstances, I dispose of this Writ Petition without making

any observations regarding the merits of the case and

merits of the orders passed at the earlier stage of litigation,

permitting the petitioner to move the authorities with a

fresh application. On receipt of such an application, the

respondents shall consider the same giving due regard to

the present state of affairs and pass orders at the earliest,

at any rate within three months from the date of receipt of a

copy of this judgment. While considering the applications,

the authorities shall also take into consideration the earlier

proceedings of the LLMC, if required. The consideration

shall be untrammeled by the observation in Exhibit P11, P12

and P15 and it shall be a fresh consideration in the present

state of affairs without being affected by the earlier round of

litigations.

Sd/-

T.R.RAVI JUDGE avs WP(C) NO. 33470 OF 2017

APPENDIX OF WP(C) 33470/2017

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE SETTLEMENT DEED REGISTERED AS DOCUMENT NO. 2450/2012 OF THE CHELAKKARA SRO EXECUTED IN FAVOUR OF THE PETITIONER

EXHIBIT-P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER CONTAINING THE RECOMMENDATIONS OF THE LOCAL LEVEL MONITORING COMMITTEE ALONG WITH CONNECTED PAPERS

EXHIBIT-P3 TRUE COPY OF THE LOCATION CERTIFICATE ALONG WITH THE SKETCH ISSUED BY THE VILLAGE OFFICER, VENGANELLUR

EXHIBIT-P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER.

EXHIBIT-P5 TRUE COPY OF THE AFFIDAVIT/DECLARATION SUBMITTED BY THE PETITIONER BEFORE THE AGRICULTURAL OFFICER

EXHIBIT-P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VENGANELLUR VILLAGE

EXHIBIT-P7 TRUE COPY OF THE CERTIFICAATE ISSUED BY THE LOCAL LEVEL MONITORING COMMITTEE

EXHIBIT-P8 TRUE COPY OF THE CONSENT DATED 23/09/2013 EXECUTED BY MEERA PRAKASH

EXHIBIT-P9 TRUE COPY OF THE CONSENT DATED 23/09/2013 EXECUTED BY V.A. JOSE

EXHIBIT-P10 TRUE COPY OF THE SKETCH PREPARED BY THE WP(C) NO. 33470 OF 2017

VILLAGE OFFICER, VENGANELLUR VILLAGE

EXHIBIT-P11 TRUE COPY OF THE ORDER DATED 20/01/2014 PASSED BY THE 3RD RESPONDENT

EXHIBIT-P12 TRUE COPY OF THE ORDER NO. B3-5292/2014 DATED 20/06/2014 PASSED BY THE 2ND RESPONDENT

EXHIBIT-P13 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT

EXHIBIT-P14 TRUE COPY OF THE JUDGMENT DATED 29/08/2016 BY THIS HONOURABLE COURT IN W.P(C) 34709/2015

EXHIBIT-P15 TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT ON THE REVISION FILED BY THE PETITIONER

EXHIBIT-P16 TRUE COPY OF THE ORDER DATED 29/06/2017 PASSED BY THIS HONOURABLE COURT IN C.O.C 561/2017