Mohanan vs Secretary
2022 Latest Caselaw 5879 Ker

Citation : 2022 Latest Caselaw 5879 Ker
Judgement Date : 31 May, 2022

Kerala High Court

Mohanan vs Secretary on 31 May, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 34524 OF 2019
PETITIONER

             MOHANAN,
             AGED 57 YEARS
             AYYIRAMKOMBATH, S/O. MADAVAN NAIR, PRESIDENT,
             E M S VAYANASALA AND GRANDHASALA, KUMANGOTTUTHAZHAM
             KURUVATTOR POST, KOZHIKODE DISTRICT. 673 611.
             BY ADVS.
             K.RAKESH ROSHAN
             SMT.THUSHARA.V


RESPONDENTS:

     1       SECRETARY,
             KURUVATTOOR GRAMA PANCHAYTH,P.O. KURUVATTOOR,
             KOZHIKODE DISTRICT 673 611.
     2       CONVENER,
             LOCAL LEVEL MONITORY COMMITTEE,
             CONSTITUTED UNDER WET LAND ACT/AGRICULTURAL OFFICER,
             KRISHIBHAVAN, KURUVATTOOR, KOZHIKODE DISTRICT 673 611.
     3       REVENUE DIVISIONAL OFFICER,
             KOZHIKODE OFFICE OF THE REVENUE DIVISIONAL OFFICER,
             CIVIL STATION, KOZHIKODE 673 021.
     4       SECRETARY,
             STATE LIBRARY COUNCIL, K. ANIRUDHAN ROAD, VAZHUTHAKKAD,
             THIRUVANANTHAPURAM , KERALA 695 014.
             BY ADVS.
             SRI.P.V.KUNHIKRISHNAN
             SRI.P.V.ANOOP
             SRI. A. ARUNKUMAR (SC) - R4

             SRI.SYAMANTHAK B S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.34524 OF 2019
                                       2




                           JUDGMENT

Dated this the 31st day of May, 2022

The writ petitioner, who is the President of E.M.S Library

at Kuruvattoor, has filed this writ petition seeking to direct the

1st respondent to issue Occupancy Certificate to the building

constructed as per Ext.P2 Building Permit, for the use of

E.M.S Vayanasala and Grandhasala, Kumangottuthazham,

Kuruvattoor, Kozhikode.

2. The petitioner, after construction of the building,

applied for Occupancy Certificate and numbering of the

building. By Ext.P6, the Secretary to the Grama Panchayat

informed the petitioner that as the land is included in Data

Bank of paddy land and wetland, issuance of Occupancy

Certificate can be considered only after changing the nature of

the land.

WP(C) NO.34524 OF 2019

3. When this writ petition came up for hearing today,

the learned counsel for the petitioner pointed out that the Sub

Collector, Kozhikode has issued Ext.P7 proceedings

whereunder permission has been granted to the petitioner to

use the land for other purpose. In view of Ext.P7, Ext.P6

communication has to be reconsidered.

4. Heard the learned counsel for the petitioner, the

respective Standing Counsel for respondents 1 and 4 and the

learned Government Pleader representing respondents 2 and

5. The application for numbering the building

submitted by the petitioner was not entertained as the land

was included in Land Data Bank. Now that the Sub Collector,

Kozhikode has permitted the petitioner to use the land for

other purposes, the 1st respondent can consider the

application for numbering the building and issuance of

Occupancy Certificate.

WP(C) NO.34524 OF 2019

In view of the above, the writ petition is disposed of

directing the 1st respondent to consider the application

submitted by the petitioner for issuance of Occupancy

Certificate and for numbering the building, in the light of

Ext.P7.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.34524 OF 2019

APPENDIX OF WP(C) 34524/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DOCUMENT WITH NO. 752/2015 OF SRO, KAKKODI.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 13/1/2018 ISSUED BY 1ST RESPONDENT WITH NO. A2-BA(63868) 2018.

EXHIBIT P3 TRUE COPY OF APPLICATION DATED 14/5/2018 SUBMITTED BEFORE 4TH RESPONDENT FOR BUILDING GRANT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF 4TH RESPONDENT DATED 18/8/2018.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE FROM ASST.

ENGINEER, LSGD UNDER 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER FROM 1ST RESPONDENT DATED 18/6/2019 REJECTING THE APPLICATION FOR BUILDING NUMBER. Exhibit P7 TRUE COPY OF THE ORDER DATED 25/3/2022 WITH NO C4-518/2021 OF SUB COLLECTOR KOZHIKODE PERMITTING FOR USE OF OTHER THAN AGRICULTURE PURPOSE RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,KURUVATTOOR DATED 14.12.2017 EXHIBIT R1(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN KURUVATTOOR DATED 31.3.2018 EXHIBIT R1(c) TRUE COPY OF THE LETTER BEARING NO-