Kerala High Court
P.K.Saji vs Secretary, Tripunithura Municipality on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 10811 OF 2017
PETITIONER:
P.K.SAJI
AGED 48 YEARS
S/O.P.A.KUNJAPPAN, PURATHEPARAMBIL,PAZHATHOTTAM, PIN-
683 565.
BY ADV SRI.P.SATHISAN
RESPONDENTS/RESPONDENTS:
1 SECRETARY, TRIPUNITHURA MUNICIPALITY
TRIPUNITHURA-682 001.
2 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,TRIPUNITHURA MUNICIPAL
OFFICE,TRIPUNITHURA-682 001.
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, OFFICE OF TRIPUNITHURA
MUNICIPALITY,TRIPUNITHURA-682 001.
4 PRINCIPAL SECRETARY
DEPARTMENT OF LOCAL ADMINISTRATION,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY
K.S.ARUN KUMAR
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.10811 of 2017
2
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.10811 of 2017
---------------------------
Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of mandamus or such other writ
or direction, declaring that the property covered by
Exhibit P1 to P3, in Survey No. 996/1 of Kanayannoor
Taluk, Nadama Village, Tripunithura Municipality is a
dry land and any specification otherwise stating the
same as paddy land or wetland as incorrect and
illegal and the same is to be corrected and changed
as dry land,
ii) To issue a writ of mandamus or such other writ
or direction, directing respondents 1 an 2 to process
the application for building permit submitted by
petitioner as Ext.P7, treating the property not as a
paddy land notwithstanding the description of
property as paddy land in Exhibit P6 basic tax
register and other revenue records;
iii) To issue a writ of mandamus or such other writ of
direction directing respondents 1 and 2 to dispose of
Exhibit P7 within a time fixed by this Hon'ble Court;
iv). Pass such other writs, orders or directions which
this Hon'ble Court may find deem fit and proper in
the circumstances of the case; and
v) Award costs of the proceedings to the
Respondents." [SIC]
2. The grievance of the petitioner is that the building
permit application is kept pending stating that the property of
the petitioner is shown as Nilam. If that is the case, there are
remedies available to the petitioner as per the Kerala
Conservation of Paddy Land and Wetland Act, 2008 to
change the nature of the land. Hence, this writ petition is
disposed of granting liberty to the petitioner to approach
the statutory authorities as per the Kerala Conservation of
Paddy Land and Wetland Act, 2008.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 10811/2017
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE DEED NO.4905/1/04
DATED 15-12-2004 OF TRIPUNITHURA SUB
REGISTRY.
EXHIBIT P2 : TRUE COPIES OF EXTRACT PAGES OF TAX
PASS BOOK.
EXHIBIT P3 : TRUE COPY OF THE PHOTOGRAPHS OF THE
RESIDENTIAL BUILDING.
EXHIBIT P4 : TRUE COPY OF THE POSSESSION CERTIFICATE
NO.18293584 DATED 3-6-2016.
EXHIBIT P5 : TRUE COPY OF THE TAX RECEIPT NO.5733018
DATED 23-3-2016.
EXHIBIT P6 : TRUE COPY OF THE EXTRACT FROM BASIC TAX
REGISTER.
EXHIBIT P7 : TRUE COPY OF THE EXTRACT FROM THE
APPLICATION AND THE ACKNOWLEDGMENT FROM
2ND RESPONDENT.
