P.P.Varghese vs Kizhakkamblam Grama Panchayath
2024 Latest Caselaw 8778 Ker

Citation : 2024 Latest Caselaw 8778 Ker
Judgement Date : 27 March, 2024

Kerala High Court

P.P.Varghese vs Kizhakkamblam Grama Panchayath on 27 March, 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
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                         WP(C) NO. 2415 OF 2017
PETITIONER:

          P.P.VARGHESE
          AGED 66 YEARS
          AGED 66 YEARS, S/O.PAILY,PUTHUVA HOUSE, MALAYIDAM
          THURUTHU.P.O.,OORAKKAD, ALUVA-683 511.

          BY ADVS.
          SRI.A.T.ANILKUMAR
          SMT.V.SHYLAJA



RESPONDENTS:

    1     KIZHAKKAMBLAM GRAMA PANCHAYATH
          KIZHAKKAMBALAM.P.O., KIZHAKKAMBALAM,REP. BY
          SECRETARY.PIN-683562

    2     THE SECRETARY
          KIZHAKKAMBLAM GRAMA PANCHAYATH,KIZHAKKAMBALAM.P.O.,
          KIZHAKKAMBALAM.PIN-683562

    3     LOCAL LEVEL MONITORING COMMITTEE
          REP. BY THE AGRICULTURAL OFFICER,KIZHAKKAMBALAM.P.O.,
          KIZHAKKAMBALAM. PIN-683562

          BY ADVS.
          ABRAHAM P.MEACHINKARA, SC
          SRI.RIYAL DEVASSY, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.2415 of 2017


                                   2

                  P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.2415 of 2017
          ---------------------------
            Dated this the 27th day of March, 2024

                             JUDGMENT

This writ petition is filed with the following prayers:-

"A) Call for the entire records leading to Exhibit P7 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

B) Pass a writ of mandamus or any other appropriate order or direction thereby direct the respondents 1 and 2 to issue building permit to the petitioner for constructing a godown building in the Exhibit P1 property.

C) Grant such other reliefs which are just and necessary in the interest of justice." [SIC]

2. Ext.P7 is an order dismissing the building permit

application submitted by the petitioner

3. When this writ petition came up for consideration

on 24.012017, this Court passed the following order:-

"Admit.

The learned Standing Counsel takes optics for respondents and 2. The learned Government Pleader takes notice for the respondent. The petitioner shall serve a copy of the writ petition the Government Pleader. Post after one month for the counter affidavit of the respondents.

In the meanwhile, the 3rd respondent Local Level Monitoring Comte (LLMC) shall file a report with regard to the nature and lie of the property in question as on the date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as well as the present state. The petitioners shall, within one week from today, intimate the 3rd respondent as regards the extent of the property, survey number and other details for the purpose of identifying the property in question. The report of the LLMC should indicate, whether or not, on the basis of the enquiry conducted by it, the LLMC is of the opinion that the land in question is to be included in the Land Data Bank as paddy land or wetland."

4. Based on the above order, a report is filed by the

LLMC. In the light of the report, I am of the considered

opinion that the petitioner has to avail the remedies as per

Kerala Conservation of Paddy Land and Wetland Rules,

2008.

Granting liberty to the petitioner to do the needful in

accordance with law, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng

APPENDIX OF WP(C) 2415/2017

PETITIONER EXHIBITS