Kerala High Court
Joju Antony vs State Of Kerala on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 20899 OF 2022
PETITIONERS:
1 JOJU ANTONY,
AGED 44 YEARS
S/O. ANTONY, RESIDING AT THACHETHKUDY HOUSE,
RAYAMANGALAM P.O, RAYAMANGALAM ,
ERNAKULAM DISTRICT- 683 549.
2 SUBIN JOSE,
RESIDING AT THADAYALIL HOUSE, RAYAMANGALAM P.O,
RAYAMANGALAM, ERNAKULAM DISTRICT 683 549.
BY ADVS.
ANOOP.V.NAIR
RAMESH CHAND
DEVI P.
E.ADITHYAN
A.K.ANANDA KRISHNAN
ROHAN MAMMEN ROY
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE
KAKKANAD, ERNAKULAM-682030
3 THE SECRETARY,
RAYAMANGALAM GRAMA PANCHAYAT, RAYAMANGALAM,
ERNAKULAM DISTRICT 683 549
4 THE RAYAMANGALAM GRAMA PANCHAYAT,
RAYAMANGALAM , ERNAKULAM DISTRICT -683 549,
REP. BY IT'S SECRETARY.
WP(C) NO. 20899 of 2022
2
5 THE TAHSILDAR ,
KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, 682 310.
6 THE VILLAGE OFFICER,
RAYAMANGALAM VILLAGE,
RAYAMANGALAM, ERNAKULAM DISTRICT 683 549.
7 RAJU T.A,
RESIDING AT THOZHUTHINGAL HOUSE, NELLIMOLAM,
RAYAMANGALAM P.O, ERNAKULAM DISTRICT 683 549.
SMT. SURYA BINOY B(SR. GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20899 of 2022
3
JUDGMENT
Dated this the 29th day of June, 2022
The petitioners, who are owners in possession of 1.21
Ares of land in Survey No.332/21-3 of Block No.16 of
Rayamangalam Village, Kunnathunadu Taluk of Ernakulam
District, have approached this Court seeking to direct
respondents 3 and 4 to recall Ext.P5 notice and permit the
petitioners to carry out the construction of the building in
accordance with law as per Ext.P4.
2. The petitioners state that the petitioners submitted an
application for Building Permit to construct a building in 1.21
Ares of property possessed by them. A Building Permit was
issued to the petitioners. Subsequently, on the basis of a
complaint filed by the 7th respondent, the Secretary to the
Grama Panchayat has issued Ext.P5 Stop Memo.
3. By Ext.P5 Stop Memo, the petitioners were required
to stop the construction work. Ext.P5 states that the Secretary
WP(C) NO. 20899 of 2022
wants to ascertain whether the Building Permit was obtained
suppressing facts. The petitioners have been required to
produce the Title Deeds and Patta to ascertain the matter.
4. Counsel for the petitioners urged that the title of the
petitioners' property is not in dispute. The petitioners had
submitted an application for Building Permit. Enquiry was made
by the Grama Panchayat and Building Permit was issued.
When the construction work is in progress, at the instance of a
complaint of the 7th respondent, the Grama Panchayat cannot
stop construction of the building without ascertaining true facts.
According to the counsel for the petitioners, there is no
prohibition in the Patta on the use of land for building
construction. The only condition stipulated in the Patta is a
restriction for 10 years, on alienation of the land.
5. Standing Counsel entered appearance and resisted
the writ petition. The Standing Counsel opposed all the
contentions made by the petitioners. It is submitted that Ext.P5
has been issued on the basis of a complaint received from the
WP(C) NO. 20899 of 2022
7th respondent and in response to Ext.P5 notice, the petitioners
have produced copies of relevant documents. Now, the
Panchayat will be taking a decision based on the documents
submitted by the petitioners and the decision can be taken
expeditiously.
6. I have heard the learned counsel for the petitioners,
the learned Standing Counsel representing respondents 3 and
4 and also the learned Government Pleader representing
respondents 1, 2, 5 and 6. Notice to the 7th respondent is
dispensed with in view of the nature of the relief to be granted in
this writ petition.
7. The reason for issuance of Ext.P5 is the doubt raised
by the Secretary to the Grama Panchayat as to suppression of
facts in obtaining Building Permit by the petitioners. It is
submitted by the petitioners that the Patta consists of two
conditions, one not to alienate the property for 10 years and the
second, the land shall not be used by the Patta holder and his
family members except for residential purpose. When the
WP(C) NO. 20899 of 2022
restriction of alienation is limited to a period of 10 years, prima
facie the condition as to residence should also be limited to that
period. This Court does not wish to make any opinion on merits
on that aspect at this stage as the matter is pending
consideration before the Panchayat authorities.
In the facts and circumstances of the case, the writ petition
is disposed of directing the 3rd respondent to consider the
documents submitted by the petitioners and finalise the
proceedings on Ext.P5, as expeditiously as possible, and at any
rate, within a period of one week, from the date of receipt of a
copy of this judgment. The decision shall be communicated to
the petitioners.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO. 20899 of 2022
APPENDIX OF WP(C) 20899/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER, DATED 03.04.2022.
Exhibit P1(A) TRUE COPY OF THE BASIC TAX RECEIPT
BEARING NO. KL07051503628/2022, DATED
11.04.2022.
Exhibit P1(B) TRUE COPY OF THE CERTIFICATE OF
ENCUMBRANCE ON THE PROPERTY OF THE
PETITIONERS BEARING NO. 3908/2022,
DATED 03.06.2022.
Exhibit P1(C) TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY OF THE PETITIONERS BEARING
NO.298/2022, DATED 05.04.2022.
Exhibit P2 TRUE COPY OF THE SALE DEED NO.
1836/2021 OF SRO KURUPPUMPADY, IN
RESPECT OF THE PROPERTY OF THE
PETITIONERS, DATED 06.10.2021.
Exhibit P3 TRUE COPY OF THE PLAN FOR CONSTRUCTION
OF COMMERCIAL BUILDING IN THE PROPERTY
OWNED BY THE PETITIONERS IN SY NO.
332/21-3 AT RAYAMANGALAM VILLAGE,
SUBMITTED BY THE PETITIONERS BEFORE THE
4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT NO. A5-BA (54411)/2022,
DATED 14.02.2022 ISSUED BY THE 3RD
RESPONDENT T THE PETITIONERS.
Exhibit P5 TRUE COPY OF THE NOTICE NO. SC3-
1213/22, DATED 31.05.2022 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER.
RESPONDENT'S/S EXHIBITS : NIL
