Maheshkumar V vs The Palakkad Municipality
2022 Latest Caselaw 5881 Ker

                 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. 455 OF 2022
PETITIONER:

              MAHESHKUMAR V
              AGED 43 YEARS
              S/O. M.VENKITESAN, 11/546, VENKIDADHRI HOUSE,
              HARIKKARA STREET, PALAKKAD DISTRICT, PIN-678001.
              BY ADVS.
              JACOB SEBASTIAN
              K.V.WINSTON
              ANU JACOB


RESPONDENTS:

     1        THE PALAKKAD MUNICIPALITY
              MUNICIPAL OFFICE, PALAKKAD DISTRICT, PIN-678001.
     2        THE SECRETARY,
              PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
              PALAKKAD DISTRICT, PIN-678001.
     3        THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD, PALAKKAD DISTRICT, PIN-678001.
     4        THE LOCAL LEVEL MONITORING COMMITTEE FOR PALAKKAD
              MUNICIPALITY
              CONSTITUTED UNDER THE CONSERVATION OF PADDY AND WETLAND
              ACT, REPRESENTED BY ITS CONVENOR,
              THE AGRICULTURAL OFFICER, PALAKKAD DISTRICT, PIN-678001.



              SMT.SURYA BINOY B, SR.GP
              SRI. BINOY VASUDEVAN (SC) R1 & R2


     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.455 OF 2022
                                  2




                         JUDGMENT

Dated this the 31st day of May, 2022

The petitioner submitted an application before the 1st

respondent seeking Building Permit. The Building Permit

application was not entertained for the reason that the land was

included in Data Bank prepared under the Kerala Conservation

of Paddy Land and Wetland Act, 2008.

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

the learned counsel for the petitioner submitted that the

Revenue Divisional Officer has passed Ext.P5 order removing

the land from the Land Data Bank. Therefore, the difficulty

faced by the 1st respondent-Municipality to entertain the

Building Permit application does not exist. The learned counsel

for the petitioner would submit that the petitioner is possessed

with Ext.P2 order passed under the Kerala Land Utilisation

Order, based on which the 1st respondent can very well issue a WP(C) NO.455 OF 2022

Building Permit.

3. In the facts and circumstances of the case, this Court

finds that in view of Ext.P5, no adjudication is required in the

matter at this stage. It will be sufficient if the 1 st respondent is

directed to consider the application in the changed

circumstances.

The writ petition is therefore disposed of directing

respondents 1 and 2 to consider the Building Permit

application submitted by the petitioner, in the light of Ext.P5

order of the Revenue Divisional Officer and Ext.P2 Kerala

Land Utilisation Order. A decision on the application shall be

taken within a period of one month.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.455 OF 2022

APPENDIX OF WP(C) 455/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF REGISTERED SALE DEED NUMBER 4106/2019 OF THE SRO, PALAKKAD DATED 5.9.2019.

Exhibit P2 A TRUE COPY OF THE ORDER IN THIS REGARD DATED 7.10.1992 ISSUED BY THE THIRD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 3.9.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 25.6.2018 IN WP(C) NO.16536/2018 OF THIS HONOURABLE COURT.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 12.5.2022 ISSUED BY THE 3RD RESPONDENT