Ummer vs Vatanappilly Grama Panchayath
2023 Latest Caselaw 1387 Ker

W. P. (C) No. 17901 of 2014
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         WP(C) NO. 17901 OF 2014
PETITIONER/S:

              UMMER
              AGED 42 YEARS
              S/O.SAIDU HAJI, ARACKKAVEETTIL, VATANAPPILLY,
              THRISSUR.
              BY ADV SRI.K.I.SAGEER IBRAHIM


RESPONDENT/S:

     1        VATANAPPILLY GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
              P.O.VATANAPPILLY, THRISSUR DISTRICT - 680 614.
     2        THE SECRETARY
              VATANAPPILLY GRAMA PANCHAYATH, PANCHAYATH OFFICE,
              VATANAPPILLY P.O., THRISSUR DISTRICT - 680 614.
     3        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
              LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.
              BY ADV SRI.K.P.MADHU


OTHER PRESENT:

              R2 - SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER


       THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON    20.01.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 17901 of 2014
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                              JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:-

"a) Call for the entire records leading up to Ext.P4 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction;

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no. 1 and 2 to regularize the construction of residential flat of the petitioner constructed as per Ext. P3 sketch and number the same within the time limit fixed by this Hon'ble Court."

2. Petitioner is the owner and in possession of 45.9 cents of

property situated in resurvey Nos. 89/1 to 82/6 and 89/7 of

Vatanappilly Village, Chavakkad Taluk, Thrissur District, by virtue of

a settlement deed No. 2183 of SRO Vatanappilly dated 01.11.2013.

Admittedly, a multi-storied apartment consisting of four flats were

constructed by the petitioner. According to the petitioner, the

construction was carried out without securing a permit. Anyhow, when

the petitioner approached the Secretary of the Vatanappilly Grama

Panchayat, the 2nd respondent, seeking occupancy and numbering of

the building, the Secretary had issued Ext. P4 letter dated 01.07.2014 W. P. (C) No. 17901 of 2014

stating that since the property is included in the Village records as

'Nanja', no occupancy or building number can be assigned to the

building in question. It is thus challenging the legality and correctness

of Ext. P4, this writ petition is filed.

3. I have heard learned counsel for the petitioner Sri. K. I. Sageer

Ibrahim and learned Senior Government Pleader for the State Sri. Joby

Joseph and perused the pleadings and material on record.

4. Admittedly, the property in question is a paddy land as per the

Village records. According to the petitioner, the property is not

included in the data bank as per the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008. Even if the

property is not included in the data bank prior to the introduction of

Section 27A into the Act 2008, a person who wanted to develop a

paddy field had to secure necessary orders from the statutory

authorities under the Kerala Land Utilization Order, 1967. There is no

case for the petitioner that such a permission was secured in order to

utilize the property for other purposes other than for paddy cultivation

and agricultural operations.

5. Anyhow, on and with effect from 30.12.2017, Section 27A is W. P. (C) No. 17901 of 2014

introduced into the Act 2008 to deal with unnotified paddy land,

whereby if the property is included in the Revenue records as a paddy

field and remains unnotified, i.e. without being included in the data

bank constituted as per Act 2008; appropriate application shall be filed

before the Revenue Divisional Officer concerned and secure

permission in accordance with the provisions of the Act 2008 and the

Rules thereto, to utilize the property for other purposes. The Secretary

cannot be found at fault in passing Ext. P4 order since there is a clear

interdiction created under Section 14 of the Act 2008 precluding the

Secretary of the Local Self Government Institutions from granting any

permit or issuing any license or order in favour of any person who has

constructed a building in a paddy field.

6. That being the situation, learned counsel for the petitioner

submitted that since the property is not included in the data bank,

petitioner may be permitted to file an application under Section 27A of

the Act 2008. In that view of the matter, I think it is only appropriate

that writ petition is disposed of with appropriate directions.

7. Therefore, this writ petition is disposed of leaving open the

liberty of the petitioner to approach the statutory authority in W. P. (C) No. 17901 of 2014

contemplation of the provisions of the Act 2008, and if any such

application is filed, I have no reason to think that the said authority

will not consider the same, in accordance with law. Needless to say, if

any enabling orders are produced by the petitioner from the authority

under the Act 2008, the Secretary of the Vatanappilly Grama

Panchayat shall take appropriate steps in order to consider the

application for occupancy and numbering the building.

Whatever that be, when the writ petition was admitted to the

files of this Court, on 14.07.2014, an interim order was passed

directing the Secretary to assign provisional number and I am informed

that already provisional number is assigned to the building in question.

The said interim order would continue to be in force for a period of six

months. Thereafter the issue will be guided by the decision taken by

the Secretary of the Grama Panchayat.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE Eb

///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 17901 of 2014

APPENDIX OF WP(C) 17901/2014

PETITIONER EXHIBITS EXHIBIT P1. A TRUE COPY OF THE SETTLEMENT DEED NO.2183 DATED 01.11.2013 OF SRO, VATANAPPILLY.

EXHIBIT P2. A TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VATANAPPILLY DATED 02.07.2014.

EXHIBIT P3. A TRUE COPY OF THE SKETCH OF THE BUILDING.

EXHIBIT P4. A TRUE COPY OF THE LETTER DATED 01.07.2014 ISSUED BY THE 1ST RESPONDENT.