Malini vs The Chovannoor Grama Panchayath
2023 Latest Caselaw 6480 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 39267 OF 2015
PETITIONER:

          MALINI
          AGED 70 YEARS
          D/O.PRABHAKARAN, PATTATHAZHATH HOUSE, CHOVANNOOR P O,
          PIN THRISSUR DISTRICT
          BY ADV SRI.JAMSHEED HAFIZ
RESPONDENTS:

    1     THE CHOVANNOOR GRAMA PANCHAYATH
          REP BY THE SECRETARY, CHOVANNOOR P O, PIN 680517,
          THRISSUR DISTRICT
    2     THE SECRETARY
          CHOVANNOOR GRAMA PANCHAYATH, CHOVANNOOR P O,
          PIN 680517, THRISSUR DISTRICT
    3     ADDL. R3: THE LOCAL LEVEL MONITORING COMMITTEE
          CHOVANNOOR GRAMA PANCHAYATH, REPRESENTED BY THE
          CONVENOR, THE AGRICULTURAL OFFICER CHOVANNOOR,
          CHOVANNOOR, TRISSUR DISTRICT.

          (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 29.06.2016 IN
          I.A. NO.10198/2016)
          SRI.V.C.MADHAVANKUTTY
          SRI.P.S.APPU, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39267 OF 2015

                                        2


                                 JUDGMENT

Dated this the 13th day of June, 2023 This writ petition is filed challenging Ext.P3 order by which an

application for building permit has been rejected on the ground that

permissions either under the Kerala Land Utilization Order or the Kerala

Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred as

'the Act') are required before the application can be considered.

2. The learned counsel for the petitioner submits that an application is

being filed and will be produced before this Court.

3. However, I notice that the writ petition was filed in the year 2015 and

has been pending before this Court.

This writ petition is accordingly closed, without prejudice to the right

of the petitioner to move proper applications under the provisions of the

Act. In case such applications are allowed, the application for building

permit, if any, submitted by the petitioner shall be considered in accordance

with law.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 39267 OF 2015

APPENDIX OF WP(C) 39267/2015

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO 130/1999 OF S R O KUNNAMKULAM DTD 18/1/1999 EXHIBIT P2 A TRUE COPY OF THE DOCUMENT NO 740/2000 OF SRO KUNNAMKULAM DTD 30/3/2000 EXHIBIT P3 A TRUE COPY OF THE ORDER DTD 11/9/2015 BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL