Kerala High Court
Stanley Mathew Thomas vs District Collector, Idukki on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 24316 OF 2021
PETITIONER:
STANLEY MATHEW THOMAS
AGED 39 YEARS
S/O. THOMAS, HOUSE NO.X/1468,
IKKA NAGAR, MUNNAR P. O.,
IDUKKI DISTRICT - 685 612.
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS:
1 DISTRICT COLLECTOR, IDUKKI
COLLECTORATE, KUYILIMALA,
PAINAVU P. O., IDUKKI - 685 603.
2 REVENUE DIVISIONAL OFFICER
OFFICE OF REVENUE DIVISIONAL OFFICER,
DEVIKULAM CIRCULAR ROAD,
DEVIKULAM P. O., DEVIKULAM TALUK,
KANNAN DEVAN HILLS, IDUKKI - 685 613.
3 TAHSILDAR (LAND RECORDS)
DEVIKULAM TALUK, DEVIKULAM P. O.,
IDUKKI - 685613.
4 VILLAGE OFFICER
MUNNAR VILLAGE, MUNNAR P. O., IDUKKI - 685 612.
5 SECRETARY
MUNNAR GRAMA PANCHAYAT,
MUNNAR P. O., IDUKKI - 685 612.
BY ADV ARUN THOMAS
SRI.RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24316 OF 2021
2
T.R.RAVI, J.
----------------------------------------
WP(C) NO.24316 OF 2021
-------------------------------------------
Dated this the 16th .day of March, 2022
JUDGMENT
The writ petition has been filed praying to quash Ext.P11 and
for a direction to the 3rd respondent to issue No Objection
Certificate for reconstruction of a building bearing No.X/1468(UA)
situated in an extent of 4 cents of property comprised in
Sy.No.912 of Munnar Village so as to enable the 5 th respondent to
issue building permit for reconstruction.
2. The petitioner submits that he was residing in the
aforesaid building and the house was lost during the flood which
affected the State in 2018. A project was envisaged under Life
Mission Project whereby such persons who lost their houses are to
be permitted to reconstruct their houses in the location where it
was earlier. The petitioner submits that he may be permitted to
reconstruct the house with his own funds in the property which he
had lost.
3. The contention in Ext.P11 appears to be that since the
petitioner does not have ownership of the land in question, he is
not entitled to the benefit of the scheme for rehabilitation. The
WP(C) NO. 24316 OF 2021
counsel for the 5th respondent has confirmed the existence of the
building where the petitioner was residing and has also pointed
out that as per the scheme, there is no requirement that the
person should be owner of the property. Ext.R5(a) is produced
which is the guidelines for implementing the Life Mission Scheme,
which only contemplates possession and not ownership.
4. After hearing the parties, I am of the opinion that the
reasoning in Ext.P11 that the No Objection Certificate cannot be
granted for the fact that the petitioner does not have ownership of
the property cannot be sustained. The 1 st respondent has a case
that land conservancy proceedings have been initiated against the
petitioner for evicting the petitioner from the property. I am of the
opinion that the said proceedings need not detain any grant of
reliefs under the Life Mission Scheme, if the petitioner is otherwise
entitled.
5. In the result, the writ petition is allowed. Ext.P11 is
quashed. The 3rd respondent is directed to issue No Objection
Certificate for construction of the building bearing No.X/1468(UA)
situated in an extent of 4 cents of property comprised in
Sy.No.912 of Munnar Village, if the application is found to be
otherwise in order. The No Objection Certificate shall not be denied
WP(C) NO. 24316 OF 2021
for the reason that the petitioner does not have title over the
property or that land conservancy proceedings are initiated
against him. The petitioner may approach the 5 th respondent with
the No Objection Certificate that may obtain, for further reliefs. It
is made clear that this judgment will not in any way prejudice the
right of the 1st respondent to proceed against the petitioner in the
land conservancy proceedings which are said to have been
initiated. The 3rd respondent shall issue necessary orders within
three weeks from the date of receipt of a copy of this judgment.
6. The Government Pleader points out that going by the
guidelines of the Life Mission Scheme, there is not even a
requirement for a No Objection Certificate and the only document
which may be required is a certificate from the Village Officer/
Panchayat Secretary that the applicant is permanently residing
there. If that be so, it is also open to the petitioner to approach
the 5th respondent directly and seek reliefs under the Life Mission
Scheme.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 24316 OF 2021
APPENDIX OF WP(C) 24316/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 16.08.2019
FROM 1ST RESPONDENT AS REGARD PROCESSING OF
APPLICATION OF PETITIONER FOR INCLUDING IN THE
LIFE MISSION PROJECT.
Exhibit P2 TRUE COPY OF THE FORWARDING NOTE DATED 10.10.2019
FROM 1ST RESPONDENT TO 5TH RESPONDENT AS REGARD
THE APPLICATION OF PETITIONER.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 31.12.2019
FROM 5TH RESPONDENT TO 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 06.03.2020
FROM 5TH RESPONDENT TO PETITIONER.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED 01.08.2020
BEFORE LIFE MISSION KERALA IN THE DEPARTMENT OF
LOCAL SELF GOVERNMENT.
Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
23.05.2000 FROM VILLAGE OFFICE, KANNAN DEVAN
HILLS.
Exhibit P7 TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED
31.08.2018 ISSUED BY MUNNAR GRAMA PANCHAYAT.
Exhibit P8 TRUE COPY OF THE APPLICATION DATED 06.07.2021
BEFORE THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE APPLICATION DATED 06.07.2021
BEFORE THE 5TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 10.08.2021 IN
WP(C) NO.14160/2021.
Exhibit P11 TRUE COPY OF THE ORDER DATED 05.10.2021 BY WHICH
EXHIBIT - P8 WAS REJECTED BY 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF RATION CARD
DATED 07.10.2021.
RESPONDENTS'S EXHIBITS
ANNEXURE R5(a) TRUE COPY OF THE G.O.NO.34/2018 DATED 16.03.2018
ISSUED BY THE STATE GOVERNMENT
ANNEXURE R5(b) TRUE COPY OF THE G.O.2251/2018 DATED16.08.2018
ISSUED BY THE STATE GOVERNMENT
//TRUE COPY// PA TO JUDGE
