Kerala High Court
Sunil. M vs State Of Kerala on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 29634 OF 2023
PETITIONER :
SUNIL M.,
AGED 53 YEARS,
S/O K.G. ANANDAN NAIR, SUNIL MANDIR,
COTTANAD P.O., (VIA) MEPPADI, VYTHIRI,
WAYANAD DISTRICT, PIN - 673 577
BY ADVS.
GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 DISTRICT COLLECTOR,
CIVIL STATION, KALPETTA,
WAYANAD DISTRICT, PIN - 673 122
3 VILLAGE OFFICER,
KOTTAPPADI VILLAGE, MEPPADI P.O.,
VYTHIRI, WAYANAD DISTRICT, PIN - 673 577
4 MEPPADI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
MEPPADI P.O., WAYANAD DISTRICT,
PIN - 673 577
5 SECRETARY,
MEPPADI GRAMA PANCHAYATH, MEPPADI P.O.,
WAYANAD DISTRICT, PIN - 673 577
BY ADV MANOJ RAMASWAMY
WP(C) NO. 29634 OF 2023
2
BY SPL.GOVERNMENT PLEADER SRI.M.H.ANILKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 29634 OF 2023
3
BECHU KURIAN THOMAS, J.
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W.P.(C) No.29634 of 2023
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Dated this the 26th day of October, 2023
JUDGMENT
Petitioner challenges Ext.P8 communication issued by the 5 th
respondent rejecting his application for obtaining a building permit for the
reason that the property is included in the Kerala Land Reforms Act, 1961
(for short, 'the KLR Act').
2. Though by law, there is no restriction in constructing a building
on a land exempted under the KLR Act, the Secretary has based his
decision on a Circular issued by the District Collector.
3. The learned Standing Counsel for the 5 th respondent, however
submitted, upon instructions, that recently, by order dated 16.10.2023,
No.DCWYD/581/2021-L1, the District Collector, Wayanad has issued an
order withdrawing the earlier communications and has directed that the
requirement of a certificate regarding exemption obtained under the KLR
Act need not be insisted upon and further that all Circulars relating to
properties exempted under the KLR Act stands withdrawn.
4. Since the 2nd respondent has already withdrawn all Circulars
insisting upon a certificate to be obtained by the applicants for building
permits, about whether their lands were exempted under the KLR Act, the
order rejecting the application of the petitioner for building permit is
WP(C) NO. 29634 OF 2023
without any authority of law.
5. Accordingly, Ext.P8 is set aside and the 5 th respondent is
directed to reconsider the application submitted by the petitioner for
building permit, as expeditiously as possible, at any rate, within a period
of thirty days from the date of receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 29634 OF 2023
APPENDIX OF WP(C) 29634/2023
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE TITLE DEED NO.1538 DATED
12/6/1989
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED
20/1/1976
Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.B.2
174/2013 I.A 4/243 DATED 8/3/2023 OF THE
SPECIAL TAHSILDAR, LAND TRIBUNAL,
MANANTHAVADY
Exhibit P4 TRUE COPY OF THE FORM NO, 1A SUBMITTED BY
THE PETITIONER'S FATHER BEFORE THE TALUK
LAND BOARD, SOUTH WAYANAD DATED NIL
Exhibit P5 TRUE COPY OF THE PROCEEDINGS,
NO.D.DIS.TLB(SW)492/73 DATED 29/8/1975 OF
THE TALUK LAND BOARD, SOUTH WAYANAD
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
17/8/2023 ISSUED BY THE VILLAGE OFFICER
Exhibit P7 TRUE COPY OF THE COMMUNICATION, NO.63/2023
DATED 19/7/2023 ISSUED BY THE VILLAGE
OFFICER
Exhibit P8 TRUE COPY OF THE REJECTION ORDER NO.
401018/BPRL01/ GPO/2023/3206/(4) DATED
10/8/2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER NO.
401018/BPRL01/GPO/2023/ 3206/(5) DATED
11/8/2023 ISSUED BY THE SECRETARY
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
33782/2022 DATED 9/12/2022
