Kerala High Court
Aby Jacob vs The Revenue Divisional Officer on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.17264/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 17264 OF 2024
PETITIONERS:
1. ABY JACOB AGED 54 YEARS REPRESENTED BY THE POWER OF ATTORNEY HOLDER
PRS BUILD INDIA PVT LMT, REPRESENTED BY ITS MANAGING DIRECTOR SHRI.
SABARI RATAN, TC-25/2421(5), SUNDARYA BUILDING, M G ROAD,
THIRUVANANTHAPURAM, PIN - 695001
2. CIBY JACOB AGED 53 YEARS REPRESENTED BY THE POWER OF ATTORNEY HOLDER
PRS BUILD INDIA PVT LMT, REPRESENTED BY ITS MANAGING DIRECTOR SHRI.
SABARI RATAN, TC-25/2421(5), SUNDARYA BUILDING, M G ROAD,
THIRUVANANTHAPURAM, PIN - 695001
RESPONDENTS:
1. THE REVENUE DIVISIONAL OFFICER 1ST FLOOR, CIVIL STATION BUIDLING,
CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -
695043
2. THE DISTRICT COLLECTOR 2ND FLOOR, CIVIL STATION BUILDING, CIVIL
STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043
3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. THIRUVANANTHAPURAM MUNICIPAL CORPORATION OPP. TO MUSEUM, VIKAS
BHAVAN P O, THIRUVANANTHAPURAM, PIN - 695033
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent and 4th respondent not to insist on
the payment of Rs.100/- per sq.ft. pending disposal of the writ petition,
and to process the application for permit.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.B.G.HARINDRANATH, Senior Advocate along with M/s.AMITH KRISHNAN H.,
GOWRI DEV, P.DEVIKRISHNA Advocates for the petitioners, the court passed
the following:
WP(C) No.17264/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.17264 of 2024
-------------------------------------------------
Dated this the 10th day of May, 2024
ORDER
Admit.
2. Learned Government Pleader takes notice for
respondents 1 to 3. Learned Standing Counsel takes
notice for respondent No.4.
3. In the light of the order reported in Abad
Builders Private Ltd. v. State of Kerala [2022 (5)
KHC 522], there will be an interim direction to the 4th
respondent to consider the application of the petitioner
for building permit without insisting for payment of
additional fees in terms of Rule 12 (9) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
Post along with WP(C) No.2785/2021.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
akv
WP(C) No.17264/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 17264/2024
Exhibit P1 A TRUE COPY OF THE IMPUGNED ORDER BY THE 1ST RESPONDENT
DATED 22.09.2023
Exhibit P2 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE
1ST PETITIONER DATED 30.10.2023
Exhibit P3 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE
2ND PETITIONER DATED 22.12.2023
Exhibit P4 A TRUE COPY OF THE LAND TAX RECEIPT IN THANDAPER
NO.1214 DATED 23.04.2024
Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED
19.09.2023
Exhibit P6 A TRUE COPY OF THE NO ENCUMBRANCE CERTIFICATE DATED
07.10.2023
Exhibit P7 A TRUE COPY OF THE FEE RECEIPT DATED 26.12.2023
EVIDENCING FILING THE APPLICATION FOR BUILDING PERMIT
Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 26.12.2023
Exhibit P9 THE BUILDING PLAN SUBMITTED BY THE PETITIONERS
Exhibit P10 A TRUE COPY OF THE CONSENT TO ESTABLISH CERTIFICATE
DATED 19.03.2024
Exhibit P11 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED
27.12.2023
Exhibit P12 A TRUE COPY OF THE STABILITY CERTIFICATE ISSUED BY THE
CHARTERED STRUCTURAL ENGINEER DATED 22.03.2024
Exhibit P13 A TRUE COPY OF THE LETTER BY THE 4TH RESPONDENT
Exhibit P14 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2785 OF 2021
DATED 17.05.2021- M/S. ABAD BUILDERS PRIVATE LIMITED V.
STATE OF KERALA & ORS
Exhibit P15 A TRUE COPY OF THE JUDGMENT IN HEALTH FOR MILLIONS V.
UNION OF INDIA (2014) SCC 496 DATED 22.07.2013
