Devakrishnan vs Alangad Panchayath
2022 Latest Caselaw 6628 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       WP(C) NO. 14238 OF 2019
PETITIONER/S:

    1          DEVAKRISHNAN
               AGED 23 YEARS
               S/O.SUJATHAN, RESIDING AT SAI KRIPA, KAITHARAM
               POST, KOTTUVALLY VILLAGE, PARAVUR TALUK,
               ERNAKULAM DISTRICT, PIN-683519
    2          DEVAPRIYA
               AGED 21 YEARS
               S/O.SUJATHAN, RESIDING AT SAI KRIPA, KAITHARAM
               POST KOTTUVALLY VILLAGE, PARAVUR TALUK,
               ERNAKULAM DISTRICT, PIN-683519
               BY ADVS.
               T.M.RAMAN KARTHA
               SMT.REMYA POULOSE
RESPONDENT/S:
    1    ALANGAD PANCHAYATH
         REPRESENTED BY ITS SECRETARY NEERIKODU POST,
         ALUVA, ERNAKULAM DISTRICT, PIN-683511
    2    SECRETARY
         ALANGAD PANCHAYATH, NEERIKODU POST, ALUVA,
         ERNAKULAM DISTRICT, PIN-683511
 Addl.R3 THE REVENUE DIVISIONAL OFFICER,
         NORTH PARAVUR
         IS SUO-MOTU IMPLEADED AS PER ORDER DATED
         9.6.2022
         BY ADV SRI.DINESH MATHEW J.MURICKEN
OTHER PRESENT:
         SMT.DEEPA NARAYANAN, SR.GP FOR ADDL.R3
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   09.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 14238 of 2019



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

                              W.P.(C) No. 14238 of 2019
                       =============================================================

                     Dated this the 9th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of certiorari calling for the records leading to Ext.P6 and quash the same.

ii) Issue a writ of mandamus or an order in its nature commanding the 2nd respondent to consider Exhibit P5 building plan for approval and issue building permit to the petitioners in terms of Rule 60 Group H of the Kerala Panchayat Building Rules, 2011, within a time limit to be specified by this Hon'ble Court.

iii) Pass such other further orders as this Hon'ble Court deem fit and proper in the facts and circumstances of the case."

2. When this writ petition came up for consideration

the counsel for the petitioner submitted that he will be satisfied

if a direction is issued to the additional 3rd respondent to

consider Ext.P8, which is produced along with the reply

W.P.(C). No. 14238 of 2019

affidavit. Ext.P8 is a Form -6 application under the Kerala

Conservation of Paddy Land and Wetland Act, 2008.

3. Heard the counsel for the petitioner, the counsel

appearing for 1st and 2nd respondents and the Government

Pleader for the additional 3rd respondent.

4. Since the limited prayer now raised is only for a

consideration of Ext.P8, there can be a direction to the

additional 3rd respondent to consider the same and pass

appropriate orders, if the same is received, within a time frame.

Therefore, this writ petition is disposed of in the following

manner:

1. The additional 3rd respondent is directed to consider and pass appropriate orders in Ext.P8, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

W.P.(C). No. 14238 of 2019

2. The petitioner will produce a copy of this writ petition with copy of reply affidavit, along with a certified copy of this judgment before the additional 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 14238 of 2019

APPENDIX OF WP(C) 14238/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SETTLEMENT DEED NO.1843/1/14 DT.11.4.2014 OF SRO, ALANGAD, EXECUTED IN FAVOUR OF THE PETITIONERS EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE DT.12.11.2017 IN RESPECT OF THE PROPERTY COVERED UNDER EXT.P1 EXHIBIT P3 TRUE COPY OF LOCATION SKETCH OF THE PROPERTY COVERED UNDER EXT.P1 EXHIBIT P4 TRUE COPY OF LAND TAX RECEIPT ISSUED TO THE PETITIONER AFTER EFFECTING MUTATION EXHIBIT P5 TRUE COPY OF BUILDING PLAN DT.6.1.2011 SUBMITTED BY THE PETITIONERS FOR APPROVAL OF 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER DATED 26.3.2018 ISSUED BY THE SECRETARY, ALANGAD GRAMA PANCHAYATH Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACTS OF THE LAND IDENTIFICATION DETAILS MAINTAINED BY THE AGRICULTURAL OFFICER KRISHI BHAVAN, ALANGAD.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 15.7.2021 TO THE REVENUE DIVISIONAL OFFICER, SEEKING PERMISSION TO GRANT THE CONSTRUCTION.