Guidance India Educational And ... vs Kunnathunadu Grama Panchayath
2024 Latest Caselaw 15665 Ker

Kerala High Court

Guidance India Educational And ... vs Kunnathunadu Grama Panchayath on 6 June, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                             WP(C) NO. 26542 OF 2016
PETITIONER:

              GUIDANCE INDIA EDUCATIONAL AND CHARITABLE TRUST,
              PERINGALA, REP. BY ITS MANAGER E.A.ALIYAR, S/O IBRAHIM,
              IRIPPAKOTTIL HOUSE, PERINGALA, ERNAKULAM DIST- 683565

              BY ADVS.
              K.MOHANAKANNAN
              A.R.PRAVITHA



RESPONDENT:

              KUNNATHUNADU GRAMA PANCHAYATH,
              REP. BY ITS SECRETARY, KAKKANAD PALLIKKARA ROAD- 683565.

              BY ADV S.M.PRASANTH




     THIS     WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26542 of 2016
                                   2




                        M.A ABDUL HAKHIM, J
                         ----------------
                       WP(C) No.26542 of 2016
                        ------------ ----
                     Dated this the 06th June, 2024



                              JUDGMENT

1. The petitioner, a Charitable Trust has filed this Writ Petition

with the averments that it is conducting an Educational

Institution in Kunnathunadu Grama Panchayat; that the

petitioner is having landed properties in the Kunnathunadu

Village; that the said properties are shown as paddy land in

the Basic Tax Register; that as per the Data Bank prepared

under the Kerala Conservation of Paddy and Wet land Act,

2008, the properties of the petitioner is shown as converted

before 5 to 10 years; that the petitioner had obtained Ext.P1

Order from the Revenue Divisional Officer for conversion

under the Kerala Land Utilization Order 1967; that on the

strength of Ext.P1 petitioner obtained Ext.P2 Building Permit;

that the petitioner made constructions in accordance with

Ext.P2 Building permit; and that though the petitioner had

applied for numbering the building, the respondent Panchayat

has been delaying numbering of building and with the prayer

seeking a direction to the respondent to issue building

number to the petitioner's building constructed in terms of

Ext.P2 Building Permit.

2. As per Interim Order dated 03.10.2016, this Court had

directed the Panchayat to provisionally number the

petitioner's building, subject to the result of this writ petition.

Even though as per the said Order, this Court directed the

Panchayat to file counter affidavit within two weeks, no

counter affidavit is filed by the Panchayat. There is also no

appearance for the Panchayat.

3. Since the reason for delay in granting the building number to

the petitioner's building is not disclosed either in the

pleadings or from the documents, I dispose of this writ

petition directing the respondent Panchayat to consider the

Application for numbering of the building submitted by the

petitioner within a period of two months from the date of

receipt of a certified copy of this judgment, taking note of

Ext.P1 order passed by the Revenue Divisional Officer,

Muvattupuzha granting permission for conversion of land

under the provisions of Kerala Land Utilization Order, 1967.

Ordered accordingly.

Sd/-

M.A ABDUL HAKHIM, JUDGE jma

APPENDIX OF WP(C) 26542/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24-11-2015 USSUED BY THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT DATED 4-2-2016

EXHIBIT P3 TRUE COPY OF THE ACKNWOLEDGEMENT RECEIPT DATED 11-7-2016 ISSUED BY THE RESPONDENT