Dinesh Ramankutty Nair vs State Of Kerala
2021 Latest Caselaw 19149 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                          WP(C) NO. 17705 OF 2021
PETITIONER:
              DINESH RAMANKUTTY NAIR,
              AGED 45 YEARS
              S/O. P.K. RAMANKUTTY NAIR, PRASANTHY HOUSE, EAST
              KADUNGALLOOR U.C. COLLAGE, P.O. ALUVA, ERNAKULAM 683 102.
              BY ADVS.
              THOMAS JOHN AMBOOKEN
              BLOSSOM MATHEW
              B.SAJEEV KUMAR
RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY SECRETARY , DEPARTMENT OF REVENUE, GOVT.
           SECRETARIAT, THIRUVANANTHAPURAM 695 001.
     2     THE DISTRICT COLLECTOR,
           ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI 682 030.
     3     THE REVENUE DIVISIONAL OFFICER,
           FORT KOCHI, REVENUE DIVISION OFFICE, FORT KOCHI, KOCHI
           682 001.
     4     THE SECRETARY,
           KADUNGALLUR GRAMA PANCHAYATH, KADUNGALLUR ROAD, ALUVA,
           ERNAKULAM, KOCHI 683 110.
     5     THE LOCAL LEVEL MONITORING COMMITTEE,
           KADUNGALLUR GRAMA PANCHAYATH, REPRESENTED BY ITS
           CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,
           KADUNGALLUR, EAST KADUNGALLOOR, U.C. COLLEGE, ALUVA,
           ERNAKULAM 683 102.
     6     THE VILLAGE OFFICER,
           VILLAGE OFFICE, KADUNGALLUR, ERNAKULAM 683 110.
OTHER PRESENT:

              SRI.P.S.APPU-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17705 OF 2021
                                  2

                            JUDGMENT

This writ petition is filed seeking directions to the 5 th

respondent to consider Ext.P6 application preferred by the

petitioner expeditiously. A further prayer is sought for to declare

that the petitioner is entitled to get building permit to construct a

residential building in his property covered by Ext.P1. The

petitioner has also produced Ext.P4 application and seeks a

consideration thereof as well.

2. I have heard the learned counsel for the petitioner and

the learned Government Pleader and I have also considered the

contentions advanced.

3. The petitioner submits that he is desirous of converting

4.05 Ares of land in Survey No.234/3 of Kadungallur Village,

Paravur Taluk, Ernakulam District. It is submitted that he had

obtained the property by Ext.P1 settlement deed and that the

same is recorded as 'purayidam' in the title deed. It is submitted

that the property is included in the data bank and is also included

as paddy land in the revenue records. It is submitted that the WP(C) NO. 17705 OF 2021

petitioner had submitted Ext.P3 application for building permit

which was rejected by the 4th respondent on the ground that the

property is shown as Paddy land in the data bank as well as in the

Basic Tax Register. Thereafter, Ext.P4 application was submitted

for removing the property from the data bank which has not been

considered by the respondents. It is submitted that the reason for

the non consideration of Ext.P4 application is that the owners of

the other properties would also make such applications. It is

submitted that, thereafter, the petitioner has submitted Ext.P6

application dated 05.08.2021 before the 5 th respondent for

permission of converting the land for the purpose of putting up a

residential building thereon and seeks a consideration thereof.

4. The learned Government Pleader submits, on

instructions, that in view of the fact that the petitioner has

submitted Ext.P6 application, his contention that the property was

dry land and that the inclusion in the data bank is incorrect is now

seen to have been given up. If that be so, it is contended that on

the understanding that the property is presently paddy land, WP(C) NO. 17705 OF 2021

which is duly included in the data bank, Ext.P6 application can be

considered.

5. The learned counsel for the petitioner places reliance

on Ext.P7 judgment of this Court where an application for

conversion of land had been directed to be considered in terms of

Section 9 of the Kerala Conservation of Paddy Land and Wetland

Act, 2008 (hereinafter referred to 'the Act) and Rule 5 of the

Kerala Conservation of Paddy Land and Wetland (Regularisation of

Unauthorised Reclamation) Rules, 2015 (hereinafter referred to

'the Rules)

6. Having heard the learned counsel on either side and in

view of the fact that the petitioner has submitted Ext.P6

application, I am of the opinion that the application preferred by

the petitioner as Ext.P6 is liable to be considered in terms of

Section 9 of the Act and Rule 5 of the Rules. Since the petitioner

has submitted such an application, his earlier application, which

was submitted as Ext.P4, will stand withdrawn. The application

submitted by the petitioner as Ext.P6 which is an application WP(C) NO. 17705 OF 2021

under Section 9 of the Act r/w Rule 5 of the Rules shall be

considered, in accordance with law, after considering all relevant

factors and after obtaining due reports. There will be a direction

to the 3rd respondent to take an appropriate decision on the

matter, after considering all relevant aspects within a period of

three months from the date of receipt of a copy of this judgment.

In case the application is submitted by the petitioner is allowed,

applications duly preferred by the petitioner shall be considered

by the 4th respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/15.09.2021 WP(C) NO. 17705 OF 2021

APPENDIX OF WP(C) 17705/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

3999/2013 OF ALANGADU SUB REGISTRY OFFICE.

Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK DATED 09.03.2017.

Exhibit P3 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 14.02.2019.

Exhibit P4 TRUE COPY OF FORM 5 APPLICATION DATED 25.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LOCATION SKETCH OF THE SUBJECT PROPERTY DATED 17.3.2017 ISSUED BY THE 6TH RESPONDENT.

Exhibit P6 TRUE COPY OF FORM I APPLICATION DATED 05.08.2021.

Exhibit P7 CERTIFIED COPY OF THE JUDGMENT DATED 09.04.2019 IN W.P(C) NO 7485 OF 2018.