Usman Shereef vs The Secretary
2022 Latest Caselaw 11347 Ker

Citation : 2022 Latest Caselaw 11347 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Usman Shereef vs The Secretary on 2 December, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944
                     WP(C) NO. 19188 OF 2022
PETITIONER:

           USMAN SHEREEF,
           AGED 42 YEARS
           S/O. MOIDHU,
           PARAMBIL HOUSE,
           AMMAYIPALAM,
           NENMENI P. O, SULTHAN BATHERY,
           WAYANAD - 673 592.

           BY ADVS.
           BONNY BENNY
           BEJOY JOSEPH P. J.
           BALU TOM CHERUVALLY
           GOVIND G. NAIR


RESPONDENTS:

     1     THE SECRETARY,
           NENMENI GRAMA PANCHAYATH,
           KOLIYADI, NENMENI,
           SULTHAN BATHERY TALUK,
           WAYANAD DISTRICT, PIN - 673 592.
     2     THE SUB COLLECTOR MANANTHAVADY,
           OFFICE OF THE SUB COLLECTOR MANANTHAVADY P. O,
           WAYANAD - 670 645.
     3     THE REVENUE DIVISIONAL OFFICER,
           OFFICE OF THE RDO WAYANAD,
           MANANTHAVADY P. O, WAYANAD - 670 645.

           BY ADVS.
           SRI. NIRMAL V. NAIR - SC
           SRI. B.S SYAMANTHAK - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   02.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) NO.19188 OF 2022

                                   2

                             JUDGMENT

The petitioner was assigned a building number for

his residential building. Later, the 1st respondent

issued notice to the petitioner as to why the number

assigned shall not be revoked since the petitioner had

made construction in excess of the plinth area

sanctioned as per the approved plan. When the

petitioner approached the 1st respondent for issuance

of occupancy certificate, the 1st respondent issued

Ext.P8 stating that certain clarifications have been

sought for from the 2nd respondent and the petitioner's

application will be considered on receipt of such

clarification.

2. The learned Government Pleader has filed a

memo producing letter dated 09.07.2022 issued by the

2nd respondent stating that the property of the

petitioner is not included in the data bank and directing W.P(C) NO.19188 OF 2022

the petitioner to submit necessary application under

Form No.6 of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 and that the regularisation of

the construction will be subject to the order to be

passed in the Form No.6 application.

3. The learned counsel for the petitioner submits

that the petitioner will file necessary application as

required in the letter of the 2 nd respondent dated

09.07.2022. In case the petitioner files such

application in Form No.6, the same will be considered

by the 2nd respondent expeditiously, in accordance with

law.

This writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR W.P(C) NO.19188 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE PHOTOSTAT COPY OF THE REGISTERED DEED DATED 25-05-2016.

EXHIBIT P2 THE PHOTOSTAT COPY OF FILE NO.

RDOMDY/641/2018-F DATED 08-10-2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 THE PHOTOSTAT COPY OF THE PERMIT NO.A3-BA(261731)/2018 DATED 02-11- 2018 BY THE 1ST RESPONDENT.

EXHIBIT P4 THE PHOTOSTAT COPY OF THE GENERAL BUILDING PERMIT NO.A3-BA(261731)/2018 DATED 02-11-2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 THE PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO.KL12020809717/2021 DATED 18-08-2021 ISSUED BY THE GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT. EXHIBIT P6 THE PHOTOSTAT COPY OF THE DEMAND NOTICE NO.D2/17119/2021 AS PER SECTION 10 OF KERALA BUILDING TAX ACT 1975 TO PAY THE BUILDING TAX ISSUED BY THE TAHSILDAR SULTHAN BATHERY. EXHIBIT P7 THE PHOTOSTAT COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 01-02-2022.

EXHIBIT P8 THE PHOTOSTAT COPY OF THE LETTER-