Sulekha Annie Thomas vs The Puthukkad Grama Panchayat
2022 Latest Caselaw 1222 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
                FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                                 WP(C) NO. 34635 OF 2016
PETITIONERS:

      1        SULEKHA ANNIE THOMAS, W/O JOSE, AGED 58 YEARS, PULIKKAN HOUSE,
               PUTHKKAD P.O. THIRISSUR- 680 301


      2        FRANCIS J.PULIKAN, S/O JOSE, AGED 33 YEARS, PULIKKAN HOUSE,
               PUTHKKAD P.O. THIRISSUR- 680 301

               BY ADVS.SRI.BINOY VASUDEVAN
               SMT.K.J.ANITHA


RESPONDENTS:

      1        THE PUTHUKKAD GRAMA PANCHAYAT
               REP. BY ITS SECRETARY, PUTHUKKAD P.O. THRISSUR DIST- 680 301

      2        THE SECRETARY, PUTHUKKAD GRAMA PANCHAYAT,
               PUTHUKKAD P.O. THRISSUR DIST- 680 301

      3        THE LOCAL LEVEL MONITORING COMMITTEE
               REP. BY ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN
               PUTHUKKAD P.O. THRISSUR DIST- 680 301

   Addl.R4     THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,
               AYYANTHOLE, THRISSUR (ADDITIONAL RESPONDENT NO.4 IMPLEADED AS PER
               ORDER IN I.A. NO.9980/17 DATED 28.1.22)

               R1- SMT.P.R.REENA
               R3 - SRI RIYAL DEVASSY, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34635 OF 2016
                                       :: 2 ::




                                   JUDGMENT

Dated this the 28th day of January 2022

This writ petition is filed by the petitioners seeking to quash Ext.P9

order of the Secretary of Puthukkad Grama Panchayat, dated 15.10.2016,

declining the building permit application stating that the property in

question in which the petitioners have proposed to construct a building is

a paddy field and unless and until appropriate orders are secured, the

building permit application cannot be considered.

2. Apparently, the said order was passed in the year 2016 when the

Kerala Panchayat Building Rules, 2011 was in force. Now the said Rule is

replaced by the Kerala Panchayat Building Rules, 2019. That apart,

subsequent to the filing of the writ petition, petitioners have produced

Ext.P10, an application submitted before the Revenue Divisional Officer,

Thrissur, apparently under Clause 6 of the Kerala Land Utilisation Order,

1967 dated 22.6.2017, seeking utilization of the property in question for

other purposes other than paddy cultivation and agricultural operations.

According to learned counsel for the petitioners, it would suffice if a

direction is issued to finalise Ext.P10 within a time frame and on

production of any enabling orders, the Secretary of the Grama Panchayat

may be directed to consider the building permit application, if any, WP(C) NO. 34635 OF 2016 :: 3 ::

submitted by the petitioners in terms of the Kerala Panchayat Building

Rules, 2019.

3. I have heard learned counsel for the petitioner Sri.Binoy

Vasudevan, learned Standing Counsel for the Puthukkad Grama Panchayat

Smt.P.R.Reena and the learned Government Pleader Sri.Riyal Devassy

representing the Local Level Monitoring Committee, represented by the

Agricultural Officer and perused the pleadings and materials on record.

4. It is quite clear and evident from the impugned order that the

Panchayat has declined the permit since the permission for construction of

the building sought for was in a paddy field, guided by the provisions of

the Kerala Conservation of Paddy Land and Wet Land Act, 2008. In fact, an

amendment was made to the Act, 2008 by incorporating Section 27A on

and with effect from 30.12.2017, enabling an owner of a paddy field to seek

permission for utilization of the paddy field for construction of buildings,

if it is not included in the data bank constituted as per the provisions of

Act, 2008. According to the petitioners, Ext.P10 application is submitted to

the aforesaid authority on 22.6.2017. However, petitioners have not

produced any acknowledgment for receipt of Ext.P10 by the Revenue

Divisional Officer, Thrissur.

WP(C) NO. 34635 OF 2016 :: 4 ::

5. In that view of the matter, this writ petition is disposed of

directing the Revenue Divisional Officer, Thrissur - the additional fourth

respondent to consider Ext.P10 in accordance with law, taking note of the

cutoff date fixed under the provisions of the Kerala Conservation of Paddy

Land and Wet Land Act, 2008 on and with effect from 30.12.2017 at the

earliest and at any rate within three months from the date of receipt of a

copy of this judgment. If the petitioners are producing any enabling order

from the said authority along with any building permit application in

terms of the Kerala Panchayat Building Rules, 2019, I have no reason to

think that the Secretary of the Grama Panchayat would not consider the

same in accordance with law. But I make it clear that if Ext.P10 application

is not submitted by the petitioners before the cutoff date of 30.12.2017,

petitioners are at liberty to submit an application under Section 27A of the

Act 2008 and if any such application is received, the authority may

consider the same in accordance with law and in that event on production

of any enabling order, the Secretary shall consider the building permit

application taking into account the said order.

Writ petition is disposed of.

Sd/-

SHAJI P. CHALY JUDGE jes WP(C) NO. 34635 OF 2016 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBITP1 TRUE COPY OF DOCUMENT NO.177/2016 OF S.R.O NELLAYI

EXHIBIT P2 TRUE COPY OF THE POSSESSION CETIFICATE ISSUED BY THE VILLAGE OFFICER TORVAVU VILLAGE IN RESPECT OF PROPERTY COVERED BY EXHIBITP1

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE ABOVE PROPERTY IN RESPECT O PROPERTY OVERED BY EXHIBIT P-1

EXHIBIT P4 TRUE COPY OF THE DOCUMENT NO.176/2016 OF S.R.O NELLAYI

EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICARTE ISSUED BY THE VILLAGE OFFICER TORAVU VILLAGE IN RESPECT OF PROPERTY COVERED BY EXHIBIT P-2

EXHIBITP6 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT O THE ABOVE PROPERTY IN RESPECT OF PROPERTY COVERED BY EXHIBIT P2

EXHIBHIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDET BEARING NO.A5-6032/16 DATED 15-10-2016.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 22.6.2017 UNDER CLAUSE 6(2) OF KERALA LAND UTILIZATION ORDER, 1967.

//True Copy //

P.S. TO JUDGE