Renjilal S.D vs The District Collector
2022 Latest Caselaw 8459 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                   WP(C) NO. 8515 OF 2021
PETITIONER/S:

    1     RENJILAL S.D.,
          AGED 50 YEARS
          S/O. R. DAMODARAN, RESIDING AT NELLIKETTU VILLA,
          SN PURAM, PAVITHRESWARAM, KOTTARAKARA, KOLLAM
    2     B. RANI
          AGED 50 YEARS
          W/O. RENJILAL SD, S/O.D AMODARAN, RESIDING AT
          NELLIKETTU VILLA, SN PURAM, PAVITHRESWARAM,
          KOTTARAKARA, KOLLAM
          BY ADVS.
          SANTHOSH MATHEW
          SRI.ARUN THOMAS
          SRI.JENNIS STEPHEN
          SRI.VIJAY V. PAUL
          SMT.KARTHIKA MARIA
          SMT.VEENA RAVEENDRAN
          SRI.ANIL SEBASTIAN PULICKEL
          SMT.JAISY ELZA JOE


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, KOLLAM 691 013
    2     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, DISTRICT
          COLELCTORATE, KOLLAM, PIN 691 013
    3     THE TAHSILDAR,
          KOTTARAKARA TALUK, KOLLAM 691 506
    4     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KOTTARAKARA P.O, KOLLAM 691 506
    5     VILLAGE OFFICER,
          KOTTARAKARA VILLAGE OFFICE, KOTTARAKARA 691 506
                                        -2-
W.P.(C). No. 8515 of 2021



      6          SECRETARY,
                 KOTTARAKKARA MUNICIPALITY,KOTTARAKARA P.O,
                 KOLLAM PIN 691 506
                 BY ADVS.
                 ADVOCATE GENERAL OFFICE KERALA
                 SHRI.M.K.CHANDRAMOHAN DAS, SC, KOTTARAKKARA
                 MUNICIPALITY
OTHER PRESENT:

                 SMT.VIDYA KURIAKOSE, GP


          THIS    WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    06.07.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -3-
W.P.(C). No. 8515 of 2021



                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 8515 of 2021
                        =============================================================

                      Dated this the 6th day of July, 2022

                                         JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the 6 th respondent to consider and pass orders on Ext.P12 dated 26.02.2021 submitted for regularization of unauthorised construction carried out before 31.07.2017 and accordingly number the building, within a time frame fixed by this Honourable Court.

ii) Issue a writ of certiorari or any other appropriate writ or order or direction, quashing Ext.P11 proceedings of the 1st respondent.

iii) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the 1 st respondent to reconsider Ext.P9 application which led to Ext.P11.

iv) Grant such other reliefs which are just and necessary in the interest of justice." (sic)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the petitioner

W.P.(C). No. 8515 of 2021

submitted Ext.P13 as per clause 6(1) of the Kerala Land

Utilization Order. The counsel submitted that as per Ext.P11,

there is a direction to submit the application as per the

provisions of the Kerala Conservation of Paddy and Wetland

Act. The counsel submitted that Clause 6(1) of the KLU Order

is applicable. The counsel submitted that this Court may direct

the 1st respondent to consider Ext.P13 untrammeled by any

directions in Ext.P11. I think the same can be allowed.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P13, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.

W.P.(C). No. 8515 of 2021

2. The 1st respondent will consider Ext.P13, independently, untrammeled by the observations in Ext.P11.

3. All other contentions raised in this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 8515 of 2021

APPENDIX OF WP(C) 8515/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 15-

1-2021 IN THANDAPER NUMBER 15001. EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 15-

1-2021 IN THANDAPER NUMBER 10958 EXHIBIT P1 B TRUE COPY OF THE TAX RECEIPT DATED 15-

1-2021 IN THANDAPER NUMBER 15296. EXHIBIT P1 C TRUE COPY OF THE TAX RECEIPT DATED 16-

1-2021 IN THANDAPER NUMBER 9919. EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 13-

08-2003 SEEKING PERMISSION TO CONSTRUCT A RESIDENTIAL HOUSE. EXHIBIT P2 A TRUE COPY OF THE APPLICATIONS DATED 23-09-2003 SEEKING PERMISSION TO CONSTRUCT A COMMERCIAL BUILDING FOR CONDUCTING HIS BUSINESS.

EXHIBIT P3 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT DATED 23-09-2003. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 3-1-2004. EXHIBIT P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 12-07-2005 WITH RESPECT TO BUILDING NO. KD III/1424.

EXHIBIT P5 A TRUE COPY OF THE PANCHAYAT LICENSE DATED 25-11-2006 AND 08-05-2008 SHOWING BUILDING NO. KGP XIV/277 ISSUED BY THE 6TH RESPONDENT SECRETARY.

EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 18-03-2015 ALONG WITH COMPLETION CERTIFICATE BY AN ARCHITECT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P(C) NO 16879 OF 2014 DATED 31-10-2014 EXHIBIT P8 TRUE COPY OF ORDER NO. K.B.K7/14-

15/211 DATED 5-11-2014.

W.P.(C). No. 8515 of 2021

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 04-

06-2015 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF REPORT NO. KBK/7/2015-16 DATED 25-06-2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS NO. L10-

56242/2013/K.DIS DATED 4-1-2016 BY THE 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE FRONT PAGE OF THE APPLICATION FOR REGULARIZATION DATED 26-02-2021 ALONG WITH THE RECEIPT EXHIBIT P12 A TRUE COPY OF THE GO(P) NO 12/2021/LSGD DATED 5-2-2021.

Exhibit P13 TRUE COPY OF THE CLAUSE 6 (1) APPLICATION DATED 07/03/2022 PREFERRED BY THE PETITIONER UNDER THE KLUO, 1967 BEFORE THE 1ST RESPONDENT Exhibit P13(A) TRUE COPY OF THE RECEIPT DATED 08/03/2022 FOR EXHIBIT-P13, ISSUED BY THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF THE NOTICE NO.

022/3917/15 DATED 29/03/2015 ISSUED BY THE 6TH RESPONDENT Exhibit P15 TRUE COPY OF THE CERTIFICATE DATED 05/04/2022 ISSUED BY THE ENGINEER STATING NO VIOLATION OF BUILDING RULES