Habeeb vs Kuthiathode Grama Panchayath
2022 Latest Caselaw 5379 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 11491 OF 2022
PETITIONER:

    1       HABEEB,
            AGED 43 YEARS
            S/O.ABOOBACKER.P.M., PERUMTHODATH HOUSE, MARADU(PO),
            ERNAKULAM-682 304.
            BY ADV NIDHI BALACHANDRAN
RESPONDENTS:

    1       KUTHIATHODE GRAMA PANCHAYATH,
            REPRESENTED BY TS SECRETARY, THURAVOOR (PO),
            ALAPPUZHA-688 532.
    2       THE ASSISTANT ENGINEER,
            LSGD SECTION, KUTHIATHODE GRAMA PANCHAYATH,
            THURAVOOR (PO), ALAPPUZHA-688 532.
            BY ADV. SRI. J. OM PRAKASH, STANDING COUNSEL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.11491 OF 2022
                                     2


                               JUDGMENT

Dated this the 20th day of May, 2022

This writ petition is filed seeking the following

reliefs:

i. to issue a writ of mandamus or any other appropriate writ, order or direction, directing 1 st respondent to remove the petitioner's 32.40 Ares of land comprising in Resurvey No.34 of block 112 (Old Sy. No.131/3) of Kuttoor Village from the data bank.

ii. to issue a writ of mandamus or other appropriate writ, order or direction commanding 1 st respondent to dispose of Ext.P4 application forthwith.

2. Heard the learned counsel for the petitioner

and Sri. J. Om Prakash, the learned Standing Counsel

appearing for the respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had been issued with

Ext.P1 building permit in the year 2016. He submitted

an application for renewal of the same and it was

renewed on condition that the petitioner obtains due WPC NO.11491 OF 2022

permissions for the conversion under the provisions of

the Kerala Conservation of Paddy Land and Wetland Act,

2008. The learned counsel for the petitioner submits

that reading of Ext.P5 itself would show that the

property was lying as garden land at the time of grant

of the building permit itself and that the condition that

the petitioner should obtain permissions under the

Kerala Conservation of Paddy Land and Wetland Act,

2008 cannot be imposed for the renewal of the building

permit.

4. The learned counsel for the petitioner places

reliance on decisions of this Court in Shahanaz

Shukkoor vs Chelannur Grama Panchayat [2009

(3) KLT 899], Praveen K. vs Land Revenue

Commissioner, Thiruvananthapuram and Others

[2010 (2) KLT 617] to contend that since the

Panchayath had issued building permit to the petitioner

considering the nature of the property before

30.12.2017, the condition that orders have to be

obtained under the Kerala Conservation of Paddy Land

and Wetland Act, 2008 cannot be insisted upon by the WPC NO.11491 OF 2022

Panchayath, as a condition for renewing the permit.

5. Having considered the contentions advanced

and having heard the learned Standing Counsel also, I

am of the opinion that in view of the fact that the

building permit had been initially issued to the

petitioner as early as in 2016, and since the order of

renewal also refers to the fact that the property is not

Paddy Land or Wetland, the Panchayath cannot insist

that the petitioner should obtain orders under Section

27A of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, before the renewal is effected. The

second condition in Ext.P5 is therefore set aside. There

will be a direction to the respondents to renew the

building permit issued to the petitioner within three

weeks from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SKP/20.05 WPC NO.11491 OF 2022

APPENDIX OF WP(C) 11491/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT NO.4744/16-17(SL. NO.24) DATED 23.09.2016 ALONG WITH THE APPROVED PLAN ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 14.12.21 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 24.12.21 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.02.22 IN WPC NO.4881/22 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE ORDER NO.C1-1842/2021 DATED 08.03.22 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE