Kerala High Court
South India Assemblies Of God vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 40695 OF 2022
PETITIONERS:
1 SOUTH INDIA ASSEMBLIES OF GOD
MALAYALAM DISTRICT COUNCIL, POST BOX # 53, PUNALOOR
P.O, REPRESENTED BY ITS DISTRICT SUPERINTENDENT
REV.T J SAMUEL, THOPPILLAYYATHU CARMEL HOUSE,
KARAVALLOR P.O, PUNALOOR 691333, PIN - 691305
2 SECRETARY
SOUTH INDIA ASSEMBLIES OF GOD
MALAYALAM DISTRICT COUNCIL,
POST BOX # 53, PUNLAOOR P.O,, PIN - 691305
BY ADV UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT , GOVT. SECRETARIATE
THIRUVANANTHAPURAM , PIN - 695001
2 DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA , PIN - 689645
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, ADOOR , PIN - 691523
4 TAHASILDAR ( LAND RECORDS)
WP(C) No.40695 of 2022 2
TALUK OFFICE, MINI CIVIL STATION
KONNI ROAD CHANDANAPALLI , PIN - 689648
5 VILLAGE OFFICER
VILLAGE OFFICE, KONNI
KONNI TALUK , PIN - 689691
6 SECRETARY
KONNI GRAMA PANCHAYATH
KONNI , PIN - 689691
7 CONVENER (AGRICULTURAL OFFICER)
LOCAL LEVEL MONITORING COMMITTEE
KONNI GRAMA PANCHAYATH
KRISHI BHAVAN, KONNI , PIN - 689691
BY ADVS.
ADVOCATE GENERAL
GOVERNMENT PLEADER
V.K.SUNIL
V.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.40695 of 2022 3
JUDGMENT
Dated this the 22nd day of December, 2022
The petitioners are owners of 12 Cent of land in Re survey
No. 53/2 of block No.33 in Konni Village of Pathanamthitta
District. The petitioners state that there is a building already
situated in the land of the petitioners. The petitioners submitted an
application for Building Permit to construct 1 st floor on the
existing building. The said application has been rejected as per
Ext.P16 dated 03-01-2022. The reason for the rejection is that the
land is described as 'Nilam" in the Revenue Records and the land
is included in the Data Bank. The petitioners state that they had
submitted a Form 5 application to remove the land from the Data
Bank. But, that cannot be a reason to deny Building Permit to the
petitioners in view of the judgment of this Court in Global
Education Trust Vs State of Kerala [2020(6) KLT 738] . The
respondents are therefore compellable to issue Building Permit to
the petitioners.
2. The standing counsel entered appearance on behalf of
the 6th respondent and contested the writ petition. The standing
counsel submitted that the land is admittedly described as 'Nilam'
in the revenue records. In view the provisions contained in the
Kerala Conservation of Paddy Land and Wetland Act, 2008, when
the land is described as 'Nilam" in the revenue records and is
included in the Data Bank, the Local Self Government Institutions
cannot issue any Building Permit as long as the nature of the land
is not changed in revenue records.
3. The Government Pleader also submitted that the
petitioner's land is included in the Data Bank and is described as
'Nilam' in revenue record.
4. I have heard the learned counsel appearing for the
petitioners, the learned Government Pleader representing the
respondents 1 to 5 and the learned standing counsel for the 6 th
respondent.
5. This Court has considered a similar issue in Global
Education Trust Vs State of Kerala and others [2020(6) KLT 738].
This Court held that, Section 27 A of Act 28 of 2008, cannot be
insisted in respect of the land already utilized by constructing
building prior to incorporation of 27 A, even without obtaining
permission under the Kerala Land Utilisation Order, 1957. This
Court held that it has to be verified from such application for
Building Permit, whether the proposed construction or
reconstruction exceeds the appurtenant land covered by the
existing construction.
6. In the present case, it is evident that a building was
constructed in the land in the year 1998. The petitioners only
proposed to construct 1st floor on the existing building. That will
not take more land for building construction.
In view of the above, following the judgment of this Court in
Global Education Trust Vs State of Kerala (Supra), this writ
petition is allowed. Consequently, Ext.P16 is set aside. There will
be a direction to the 6th respondent - Secretary to consider the
Building Permit application submitted by the petitioners for
construction of 1st floor on the existing building and grant Building
Permit to the petitioners within a period of one month, if the
petitioners satisfy all other statutory requirements. There will be a
further direction to the 3rd respondent to consider Form 5
application submitted by the petitioners and pass appropriate
orders thereon as expeditiously as possible and at any rate, within
a period of two months.
Sd/-
N.NAGARESH
JUDGE
mtk
APPENDIX OF WP(C) 40695/2022
PETITIONERS EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.1931/1997
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE 6TH RESPONDENT DATED
17.8.2021
Exhibit P3 TRUE COPY OF THE INFORMATION DATED
15.11.2021 PROVIDED BY THE 6TH RESPONDENT
Exhibit P4 TRUE COPY OF THE BUILDING AGE CERTIFICATE
ISSUED BY THE 6TH RESPONDENT
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PILLAR ON THE TERRACE OF THE BUILDING
Exhibit P6 TRUE COPY OF THE LETTER DATED 25.11.2009
OF THE AGRICULTURAL OFFICER
Exhibit P7 TRUE COPY OF THE LETTER DATED 21.11.2009
OF THE VILLAGE OFFICER
Exhibit P8 TRUE COPY OF THE RESOLUTION DATED
11.12.2013
Exhibit P9 TRUE COPY OF THE REPORT DATED 29.8.2014
OF THE TAHASILDAR
Exhibit P10 TRUE COPY OF THE REPORT DATED 10.6.2015
OF AGRICULTURAL OFFICER
Exhibit P11 TRUE COPY OF THE APPLICATION ALONG WITH
RECEIPT ISSUED BY THE 7TH RESPONDENT
Exhibit P12 TRUE COPY OF THE KSRSEC REPORT DATED
28.2.2019
Exhibit P13 TRUE COPY OF THE LETTER DATED 29.7.2019
OF THE DISTRICT COLLECTOR
Exhibit P14 TRUE COPY OF THE APPLICATION ALONG WITH
THE FORWARDING LETTER
Exhibit P15 TRUE COPY OF THE REQUEST DATED 12.6.2021
Exhibit P16 TRUE COPY OF THE LETTER DATED 3.1.2022 OF
THE 6TH RESPONDENT
