Kerala High Court
Aboobacker vs Madavoor Grama Panchayat on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 2249 OF 2015
PETITIONER
ABOOBACKER
AGED 58 YEARS
S/O.ABDULLA HAJI, MANNANGRA HOUSE, NARIKKUNI
P.O., KOZHIKODE-673585.
BY ADV SRI.K.PRAVEEN KUMAR
RESPONDENTS
1 MADAVOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MADAVOOR P.O.,
KOZHIKODE-673585.
2 THE SECRETARY
MADAVOOR GRAMA PANCHAYAT, MADAVOOR P.O.,
KOZHIKODE-673585.
3 MADAVOOR GRAMA PANCHAYAT COUNCIL
REPRESENTED BY ITS PRESIDENT, MADAVOOR P.O.,
KOZHIKODE-673585.
4 MOHAMMED RAFI
S/O MOIDEEN KUTTY, PUTHIKKUDY HOUSE,
PALLYTHAZHAM, MADAVOOR P.O., NARIKKUNI VIA,
CALICUT-673585.
IMPLEADED AS PER ORDER DATED 6.3.2015 IN
I.A.2093/15
5 LOCAL LEVEL MONITORING COMMITTEE
MADAVOOR GRAMA PANCHAYAT, REPRESENTED BY ITS
CONVENER, (AGRICULTURAL OFFICER, KRISHI BHAVAN,
MADAVOOR, KOZHIKODE-673585).
6 THE VILLAGE OFFICER
MADAVOOR VILLAGE, KOZHIKODE-673585.
R5 AND R6 IMPLEADED AS PER ORDER DATED 10.7.2017
IN I.A.9864/17
WP(C).2249 of 2015
2
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.GIREESH PANKAJAKSHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).2249 of 2015
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).2249 of 2015
-----------------------------
Dated : 29th June, 2022
JUDGMENT
1. The above writ petition is filed with the following prayers :
(i) Issue a writ of certiorari calling for the records leading to
Ext.P2 and to quash the original of the same.
(ii) Issue a writ of mandamus or any other writ, order or
direction to the respondents to permit the petitioner to carry
out his work as permitted in Exts.P1 and P1(a).
2. Today when the matter came up for consideration, the
learned counsel for the petitioner submits that the
petitioner obtained an order under Section 27A of the
Kerala Conservation of Paddy Land and Wet Land Act,
2008. In the light of the same, Ext.P2 will not stand.
Learned counsel for the Panchayath has no objection, if
such an order is obtained. Learned counsel for the
petitioner submits that the petitioner wants an extension
of Exts.P1 and P1(a) building permits. The petitioner is
WP(C).2249 of 2015
free to file an application before the Panchayath and the
same will be considered in accordance with law and that
also as per the law in force at the time of issuance of
Exts.P1 and P1(a).
3. In the above circumstances, the writ petition is disposed
of with the following directions :
(i) Ext.P2 is quashed.
(ii) Petitioner is free to approach the
respondent/Panchayath with an application for extension
of the building Permit.
(iii) if such an application is filed, Panchayath will consider
the same as per the law in force at the time when Exts.P1
and P1(a) are issued.
Sd/-
P.V.KUNHIKRISHNAN, Judge
Mrcs
WP(C).2249 of 2015
APPENDIX OF WP(C) 2249/2015
PETITIONER EXHIBITS
EXT.P1 : TRUE COPY OF THE BUILDING
PERMIT NO.B1-BL-355/09-10.
EXT.P1A : TRUE COPY OF THE BUILDING
PERMIT NO.B1-BL-355/09-10.
EXT.P2 : TRUE COPY OF THE NOTICE DT.7-
11-14 ISSUED BY R2 TO THE PETITIONER.
EXT.P2A : ENGLISH TRANSLATION OF
EXT.P2.
EXT.P3 : TRUE COPY OF THE PHOTOGRAPHS.
EXT.P4 : TRUE COPY OF THE REPLY DT.11-
11-14 SUBMITTED BY THE PETITIONER TO
R2.
EXT.P4A : ENGLISH TRANSLATION OF
EXT.P4.
Exhibit P5 TRUE COPY OF THE PROCEEDING NO-
RDOKKD/3229/2019-CI DATED 1.10.2021
REVENUE DIVISIONAL OFFICER/ SUB
COLLECTOR, KOZHIKODE
