E.Sukumaran vs Vazhayurgrama Panchayat
2024 Latest Caselaw 15795 Ker

Kerala High Court

E.Sukumaran vs Vazhayurgrama Panchayat 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. 15209 OF 2018
PETITIONERS:

    1     E.SUKUMARAN,
          S/O.APPUNNU, IRULKUNNUMMEL HOUSE,
          MUKKKOM PO, PIN 673 602,
          KOZHIKODE DISTRICT.
    2     T.SHIHABUDEEN,
          S/O.MUHAMMED,THADATHIL HOUSE,
          KODAVALLY PO, PIN 673 572,
          KOZHIKODE DISTRICT.
          BY ADVS.
          SRI.P.T.MOHANKUMAR
          SRI.C.M.ANDREWS
          SMT.ANITYA ANNIE MATHEW
          SMT.BOBY M.SEKHAR
          KUM.LAYA MARY JOSEPH
          SMT.NEETHU RAVIKUMAR
          SMT.REVATHY P. MANOHARAN
          SRI.SHYAM PADMAN


RESPONDENTS:

    1     VAZHAYUR GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,KARAD PARAMBA PO,
          PIN 673632,MALAPPURAM DISTRICT.
    2     SECRETARY
          VAZHAYUR GRAMA PANCHAYAT,KARAD PARAMBA PO,
          PIN 673632,MALAPPURAM DISTRICT
   3**    THE LOCAL LEVEL MONITORING COMMITTEE,
          REPRESENTED BY THE CONVENOR THE AGRICULTURAL
          OFFICER, VAZHAYUR,AGRICULTURE OFFICE VAZHAYUR,
          MALAPPURAM -673 639.
    4     REVENUE DIVISIONAL OFFICER, TIRUR,
          OFFICE OF THE RDO, TIRUR-THRIKANDIYOOR ROAD,
          TIRUR,
          PIN -676 101, MALAPPURAM DISTRICT
 WP(C) NO.15209 OF 2018

                                  2

             [**RESPONDENTS 3 & 4 ARE IMPLEADED AS PER ORDER
             DATED 06.06.2024 IN I.A. No.1 OF 2023 IN W.P.(C)
             No.15209 OF 2018]


      OTHER PRESENTS


             SRI. BIMAL K.NATH - Sr.GOVERNMENT PLEADER


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   06.06.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.15209 OF 2018

                                 3

                  M.A. ABDUL HAKHIM, J.
                --------------------------------
                 W.P.(C) No. 15209 of 2018
                --------------------------------
              Dated this the 6th day of June, 2024

                           JUDGMENT

1. The grievance of the petitioners is that Ext.P3 building

permit was given to the petitioners and when the petitioners

started construction on the strength of Ext.P3 building permit,

Ext.P6 stop memo was issued to stop the construction on the

allegation that the land is a wetland and the petitioner is to

produce permission under the Kerala Conservation of Paddy

Land and Wetland Act, 2008. During pendency of this writ

petition, the petitioners have submitted Form-5 application to

the additional respondent No.3 on 03.01.2023.

2. In this circumstances, there will be a direction to the

additional respondent No.3 to consider and pass appropriate

orders on Ext.P8, Form-5 application within a period of two

months from the date of receipt of a copy of this Judgment.

Sd/-

M.A. ABDUL HAKHIM, JUDGE S.M.K. WP(C) NO.15209 OF 2018

APPENDIX OF WP(C) 15209/2018

PETITIONERS' EXHIBITS

Exhibit P-1 TRUE COPY OF THE SALE DEED,REGISTERED AS No.4270/2016 IN FAVOUR OF THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC.NO.

17705/2014 OF THIS HON'BLE COURT, DATED 15.12.2014 EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT, ISSUED BY THE 2ND RESPONDENT DATED 03.06.2015 EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER FOR TRANSFERRING THE BUILDING PERMIT DATED 05.03.2018 EXHIBIT P 5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE VENDORS FOR TRANSFERRING THE BUILDING PERMIT DATED 17.04.2018 EXHIBIT P6 TRUE COPY OF THE STOPPAGE ORDER ISSUED BY THE 2ND RESPONDENT DATED 05.04.2018 EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK EXHIBIT P 8 TRUE COPY OF THE APPLICATION IN FORM NO. 5 FILED BEFORE THE RDO, TIRUR, DATED 03-01- 2023.