Anoop Pillai vs The District Collector, Idukki
2021 Latest Caselaw 23299 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 23773 OF 2021
PETITIONER:

          ANOOP PILLAI,
          AGED 41 YEARS
          S/O SIVAN PILLAI, NJARALAKKAD VEEDU, WEST
          KADUNGALLUR, ALUVA, ERNAKULAM, PIN 683 110

          BY ADVS.
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          T.C.KRISHNA
          C.ANIL KUMAR
          ASHA K.SHENOY
          PRATAP ABRAHAM VARGHESE



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, IDUKKI,
          COLLECTORATE, PAINAVU P.O, IDUKKI-685 603.

    2     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI 685 613.

    3     THE TAHSILDAR,
          UDUMBANCHOLA TALUK, TALUK OFFICE, UDUMBANCHOLA,
          IDUKKI 685 553.

    4     THE VILLAGE OFFICER,
          VILLAGE OFFICE, BISON VALLEY VILLAGE, IDUKKI 685 565.


OTHER PRESENT:

          SRI ASWIN SETHUMADHAVAN.SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23773 OF 2021               2

                            JUDGMENT

The petitioner has approached this Court

impugning Ext.P7 Stop Memo issued by the 4th

respondent - Village Officer, Bison Valley Village,

Idukki, alleging that same has been issued in excess

of the jurisdiction and without proper application

of mind.

2. Shri.P.Ramakrishnan, learned counsel for the

petitioner, explained his client's case saying that

his predecessor-in-interest was assigned the

property involved in this case through a land

assignment 'Patta' and that he purchased it from him

to be used for agricultural purposes. He asserts

that the property has been put to use only for

agriculture, but that since an effective activity in

the said property can be accomplished only if his

client resides there, he requested the Panchayat for

a building permit, which was issued - as is evident

from Exts.P5 and P6, based on which he began the

construction of a residential house. He says that,

while the said construction was nearing completion,

Ext.P7 Memo has been issued to the petitioner,

asking him to stop construction and therefore, that

his client has been constrained to approach this

Court through this writ petition.

3. In response, Shri.Aswin Sethumadhavan,

learned Senior Government Pleader, submitted that

the 'Patta' in question has been produced by the 2nd

respondent, along with the statement dated

09.11.2021, as Annexure R2(a). He pointed out that,

going by the said 'Patta', petitioner can use the

property only for residential and agricultural

purposes and not for commercial activities, but that

the construction which he has put up is a three

storied one with 16 rooms, which renders its

character as a commercial construction. He submitted

that it is, therefore, that the Village Officer has

now issued Ext.P7 and thus prayed that same be not

interdicted.

4. In reply, Shri.P.Ramakrishnan, submitted that

the afore submissions of the learned Senior

Government Pleader is highly speculative and without

basis because, as is manifest from Ext.P12, his

client has already given an undertaking, as was

required of him, that he will not use the building

for any other purpose other than for his and his

family's residential accommodation. He submitted

that hence, by no stretch of imagination can the

respondents allege that there is violation of

Annexure R2(a) 'Patta'; and reiteratingly prayed

that this writ petition be allowed.

5. When I consider the afore submissions, there

can be no doubt - it being admitted that petitioner

began the construction based on Exts.P5 & P6

building permits issued by the Bison Valley Grama

Panchayat. It is also without contest that

petitioner has made the construction in strict

compliance with the conditions therein, but that he

had not obtained an 'No Objection Certificate' for

effecting the same, from the Revenue Authorities.

The requirement for obtaining an NOC was mandated by

this Court through Ext.P8 order and

Shri.P.Ramakrishnan argues that this would not apply

to the Bison Valley Village, but only to the Munnar

Village.

6. Be that as it may, since the only case

against the petitioner is that he is putting up a

commercial construction, which is in violation of

Annexure R2(a) Patta', I am of the view that the

competent Authorities must hear him and if they are

convinced that the construction being put up is only

for residential purposes and no other, then

necessary action in terms of law will have to be

taken forward because, in such event, there cannot

be a case of violation of the conditions of 'Patta',

even going by the stand taken by the respondents.

In the afore circumstances, I order this writ

petition and set aside Ext.P7, as also the

consequential Ext.P15 order of the Revenue

Divisional Officer (RDO); with a consequential

direction to the said Authority to rehear the

petitioner and to take a decision on the grant of

"NOC", adverting to my observations above and in

particular to the conditions under Annexure R2(a)

'Patta'.

Needless to say, if the petitioner is able to

convince the 2nd respondent - RDO that the

construction being put up by him is only for a

residential accommodation and not for any commercial

purpose, then certainly, his request will be

considered affirmatively; however, ensuring in

future, through appropriate methods, that said

undertaking of the petitioner is not violated.

It goes without saying that after the "NOC" is

issued to the petitioner in terms of the afore

directions, if it is later found that the building

is being used in any manner in contravention of

Annexure R2(a) - 'Patta', the competent Authority is

at full liberty to proceed against him and against

the 'Patta', as per the applicable Statutes, Rules

and Regulations, however, after following due

procedure and after notifying the petitioner

appropriately.

In order to obtain an expeditious compliance of

the afore directions, I direct the petitioner, or

his duly authorized representative, to mark

appearance before the 2nd respondent - RDO at 11.00

a.m. on 08.12.2021 and said Authority will complete

the proceedings as ordered above, within a period of

one month thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/25.11

APPENDIX OF WP(C) 23773/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DEED NO. 1839/14 DATED 11.8.2014 OF SRO RAJAKUMARI.

Exhibit P2 TRUE COPY OF THE DEED NO. 1840/14 DATED 11.8.2014 OF SRO RAJAKUMARI.

Exhibit P3 TRUE COPY OF RELEVANT EXTRACT FROM THE TP REGISTER OF BISON VALLEY VILLAGE IN RELATION TO TP NO. 5534.

Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 26.07.2021 ISSUED BY THE VILLAGE OFFICER, BISON VALLEY VILLAGE.

Exhibit P5 TRUE COPY OF BUILDING PERMIT DATED 28.10.2014 ISSUED BY THE BISON VALLEY GRAMA PANCHAYATH.

Exhibit P6 TRUE COPY OF BUILDING PERMIT DATED 10.02.2016 ISSUED BY THE BISON VALLEY GRAMA PANCHAYATH.

Exhibit P7 TRUE COPY OF STOP MEMO NO. 7/2016 DATED 30.05.2016 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF INTERIM ORDER DATED 21.1.2010 IN W.P.C NO. 1801/2010.

Exhibit P9 TRUE COPY OF ORDER NO. C11-2573/2016 DATED 20.04.2016 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF ORDER DATED 26.05.2016 ISSUED BY THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF APPLICATION DATED 27.6.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF UNDERTAKING DATED 19.07.2016 SUBMITTED BY THE PETITIONER.

Exhibit P13 TRUE COPY OF REPORT SUBMITTED BY THE

ADDITIONAL TAHSILDAR, UDUMBANCHOLA, AS PER HIS LETTER DATED 19.7.2016 ADDRESSED TO THE 2ND RESPONDENT.

Exhibit P14 TRUE COPY OF OFFICE NOTE DATED 16.08.2016.

Exhibit P15 TRUE COPY OF LETTER DATED 17.11.2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENTS EXHIBITS

ANNEXURE R2(A) TRUE COPY OF THE PATTA LA NO.639/69 AND LA NO.353/69.

ANNEXURE R2(B) FORM OF ORDER OF ASSIGNMENT ON REGISTRY PERTAINING TO PATTA LA NO.639/69 AND LA NO.353/69.

ANNEXURE RC(C) PHOTOGRAPHS SHOWING THE NATURE OF THE CONSTRUCTION, IN RESPECT OF THE PROPERTY.

ANNEXURE R2(D) A COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 8.11.2021.