George vs The Secretary, Elavally Grama ...
2021 Latest Caselaw 18173 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 14446 OF 2021
PETITIONER:

         GEORGE,
         AGED 62 YEARS,
         S/O.FRANCIS, KUTTIKATTU VEEDU,
         CHITTATUKARA, CHAVAKKAD THALUK,
         THRISSUR DISTRICT 680 511

         BY ADVS.
         SRI.RAJIT
         SRI.LEKSHMI P. NAIR


RESPONDENTS:

    1    THE SECRETARY,
         ELAVALLY GRAMA PANCHAYATH,
         CHAVAKKAD THALUK,
         THRISSUR DISTRICT 680 511
    2    THE VILLAGE OFFICER,
         ELAVALLY GRAMAPANCHAYATH,
         CHAVAKKAD THALUK,
         THRISSUR DISTRICT 680 511

         BY ADV SHRI.SANTHOSH P. PODUVAL, SC, ELAVALLY
         GRAMA PANCHAYAT
         SRI.VIPIN NARAYANAN, GOVERNMENT PLEADER
         SMT.CHITHRA

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 03.09.2021,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.14446/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 3rd day of September, 2021

The petitioner is the owner of 3.22 Ares of property

in Elavally Village of Chavakkad Taluk. The petitioner wanted

to construct a residential building and applied for Building

Permit. The Building Permit application was processed by the

Panchayat and Ext.P5 Building Permit was issued for

constructing the residential building with a built up area of

115.54 square metres.

2. Subsequently, the petitioner was issued with Ext.P6

notice of the Village Officer directing the petitioner to stop the

construction activities. Based thereon, the Panchayat

Secretary also issued Ext.P8 communication requiring the

petitioner to show-cause why the Building Permit should not

be cancelled. The petitioner has submitted Ext.P9 reply to

Ext.P8. It is aggrieved by Exts.P6 and P8 that the petitioner is WP(C) No.14446/2021

before this Court.

3. Heard the learned counsel for the petitioner, the

learned Standing Counsel for the 1 st respondent and the

learned Government Pleader representing the 2 nd respondent.

4. The learned Government Pleader submitted that

though the land is not included in the Data Bank, the entry of

the land in the Revenue records shows that the land is

described as 'Nilam'. Therefore, in view of the provisions

under the Kerala Conservation of Paddy Land and Wetland

Rules, 2008, the petitioner has to make an application under

Form-6 for effecting changes in the description of the land in

Revenue records. If such an application is made, it will be

considered on its merits and after making necessary changes

in the Basic Tax Register and other Revenue records, the

petitioner can proceed with the construction.

5. The learned counsel for the petitioner submits tht

he was not informed of the said requirements either in Ext.P6

or in Ext.P8. The facts being so, the petitioner is ready to

make an application in Form-6 under the Kerala Conservation WP(C) No.14446/2021

of Paddy Land and Wetland Rules, 2008.

In such circumstances, the writ petition is disposed

of granting liberty to the petitioner to file an application in

Form-6 invoking the provisions of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. If the petitioner makes

an application within two weeks, his application shall be

considered by the competent authority as expeditiously as

possible, taking into account the fact that a Building Permit

has already been issued to the petitioner.

Sd/-

N. NAGARESH, JUDGE

aks/03.09.2021 WP(C) No.14446/2021

APPENDIX OF WP(C) 14446/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SALE DEED, EXECUTED IN FAVOUR OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2020, IN RESPECT OF THE SAID PROPERTY Exhibit P3 PHOTOGRAPHS EVIDENCING THE NATURE OF THE LAND Exhibit P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE ENTRIES IN THE DATA BANK PREPARED BY THE LOCAL LEVEL MONITORING COMMITTEE Exhibit P5 A TRUE COPY OF THE BUILDING PERMIT DATED 15/2/2021 Exhibit P6 A TRUE COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT DATED 12.3.2021 Exhibit P7 THE REPORT OF THE ASSISTANT ENGINEER OBTAINED VIDE AN APPLICATION MADE UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P8 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 2.7.2021 Exhibit P9 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 6.7.2021

SR