Suresh K.S vs State Of Kerala
2021 Latest Caselaw 20323 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 15677 OF 2021
PETITIONER:

          SURESH K.S
          AGED 55 YEARS
          S/O. LATE SANKARANARAYANA PILLAI, THEKKEKKUTTU
          PUTHUPARAMBIL, PULLAD P.O., KOIPURAM, PATHANAMTHITTA
          DISTRICT, PIN-689548.

          BY ADVS.
          P.HARIDAS
          BIJU HARIHARAN
          P.C.SHIJIN
          RISHIKESH HARIDAS



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

    2     REVENUE DIVISIONAL OFFICER,
          THIRUVALLA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          THIRUVALLA, PIN-689101.

    3     DEPUTY DIRECTOR OF PANCHAYAT,
          OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT,
          PATHANAMTHITTA, PIN-689645.

    4     LOCAL LEVEL MONITORING COMMITTEE
          (CONSTITUTED UNDER KERALA CONSERVATION OF PADDY LAND
          AND WETLAND ACT, 2008), KOIPURAM GRAMA PANCHAYATH,
          REPRESENTED BY ITS CONVENER & AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KOIPURAM, THIRUVALLA, PIN-689531.

    5     SECRETARY, KOIPURAM GRAMA PANCHAYATH,
          KOIPURAM, PULLAD, PATHANAMTHITTA DISTRICT, PIN-689548.
 WP(C) NO. 15677 OF 2021             2

             BY ADV M.R.VENUGOPAL



             SEI.P.S.APPU GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15677 OF 2021                3


                                   JUDGMENT

This writ petition is filed seeking directions to the respondents to

issue a deemed occupancy certificate to the petitioner as proviso under Rule

20(3) of the Kerala Panchayat Building Rules. There is a further prayer to

command the 2nd respondent to consider and pass appropriate orders on

Ext.P4 application preferred by the petitioner under Section 27A of the

Kerala Conservation of Paddy Land and Wetland Act, 2008.

2. Heard the learned counsel for the petitioner, the learned

Government Pleader and the learned counsel appearing for the 5 th

respondent Panchayath.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of 4.77 ares of property in Re-survey

No.222/8 of Koipuram Village in Pathanamthitta District. It is submitted

that the property is lying as dry land with 50 year old coconut trees and is

not included in the data bank. It is submitted that the petitioner has

submitted Ext.P4 application before the 2nd respondent for putting the

property to other use. The petitioner had also been issued with a building

permit in 2016 for construction of a building in the premises. It is submitted

that after the construction of the building was complete, the petitioner

sought an occupancy certificate and numbering of the building. The

petitioner was told that the numbering can be carried out only after

appropriate orders are obtained from the 2 nd respondent under the

provisions of Section 27A of the Kerala Conservation of Paddy Land and

Wetland Act, 2008. The learned counsel for the petitioner submits that since

the building has been constructed on the basis of an approved plan and a

building permit, the petitioner is entitled to a deemed occupancy certificate

in terms of Rule 20(3).

4. The learned Government Pleader submits that the application

submitted by the petitioner in Form 6 under the Kerala Conservation of

Paddy Land and Wetland Act, 2008 can be considered if required time is

granted to the 2nd respondent.

5. The 5th respondent has placed a counter affidavit on record. It is

submitted that the property of the petitioner is shown as 'nilam' in the

Revenue Records and that in the data bank it is shown as 'purayidam'. It is

submitted that after completion of the construction, the petitioner had

submitted an application for numbering and occupancy certificate.

However, it was noticed that since the property was shown as nilam in the

Revenue Records, orders of the 2 nd respondent are required before the

occupancy certificate can be granted.

Having considered the contentions advanced and in view of the fact

that the petitioner had already approached the 2 nd respondent with Ext.P4

application, I am of the opinion that the said application is liable to be

considered and disposed of without delay. There will, accordingly, be a

direction to the 2nd respondent to take up, consider and pass orders on

Ext.P4 application within a period of two months from the date of receipt of

a copy of this judgment, after obtaining due reports from the Village Officer.

The fact that the concerned local authority had considered an application

for building permit submitted by the petitioner and had issued such a

permit would be an additional fact which would show the nature of the

property which is liable to be taken note of by the 2 nd respondent while

passing orders on Ext.P4 application. After orders are obtained by the

petitioner on Ext.P4 application, the request made by him for occupancy

certificate and numbering shall be expeditiously dealt with by the 5 th

respondent without any further delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 15677/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACTS OF THE DATA BANK.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NO.C2-

5398/17 DATED 27.12.2016.

Exhibit P3 TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT TO THE 3RD RESPONDENT DATED 22.6.2021.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.7.2021.

Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE VILLAGE OFFICER DATED 20.7.2021.

Exhibit P6 TRUE COPY OF THE LETTER TO THE 5TH RESPONDENT SUBMITTED BY THE PETITIONER DATED 29.7.2021.

Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 29.7.2021.