Ahammed Koya vs Thrissur Corporation
2024 Latest Caselaw 9596 Ker

Kerala High Court

Ahammed Koya vs Thrissur Corporation on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 605 OF 2017             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                          WP(C) NO. 605 OF 2017
PETITIONER/S:

               AHAMMED KOYA
               AGED 68 YEARS
               S/O.KOYA, AGED 68 YEARS, RESIDING AT 500, ALJINAM,
               RAMAVARMAPURAM, THRISSUR-680631.

               BY ADVS.
               SRI.T.C.SURESH MENON
               SRI.P.S.APPU
               SRI.A.R.NIMOD


RESPONDENT/S:
     1    THRISSUR CORPORATION
          REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
          THRISSUR-680001.

      2        THE EXECUTIVE ENGINEER
               THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR-
               680001.

      3        THE CONVENER
               LOCAL LEVEL MONITORING COMMITTEE (UNDER THE KEARLA
               CONSERVATION OF PADDY & WET LANDS ACT), THRISSUR
               CORPORATION, THRISSUR-680001.

               BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
               CORPORATION, SRI.RIYAL DEVASSY, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 605 OF 2017                  2




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                        W.P.(C.) No. 605 of 2017
                      --------------------------------------
                Dated this the 4th day of April, 2024


                                  JUDGMENT

The above writ petition is filed with following prayers :

"i) Call for the records leading to the passing of Ext.P3 and quash the same by the issue of a writ of certiorari or other appropriate writ order or direction.

ii) issue a writ in the nature of mandamus directing respondents 1 and 2 to reconsider the petitioner's application for building permit afresh in the light of the dictum laid down in 2011(3) KHC 162 (DB), 2010 (2) KLT 617, 2009 (3) KLT 899, 2012(1) KHC 523 (DB) & 2014 (1) KLT 188 taking into consideration the factual situation prevailing, and

(iii) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case." [sic]

2. When this writ petition came up for consideration,

the learned Government Pleader submitted that the property of

the petitioner is not included in the Data Bank. If that is the

case, the petitioner can approach the statutory authorities as

per the Kerala Conservation of Paddy Land and Wetland Act,

2008 for changing the nature of the land from the revenue

records.

Granting liberty to the petitioner to do the needful, this

writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 605/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THRISSUR DATED 4-4-2016.

EXHIBIT P2 TRUE COPY OF FEW PHOTOGRAPHS DEPICTING THE LIE OF THE PROPERTY DATED NIL.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 4-11-2016.

EXHIBIT P4               TRUE   COPY   OF    THE   JUDGMENT IN   WPC
                         NO.35857/2015    ON    THE   FILE  OF   THE

HONOURABLE COURT DATED 1-12-2015.