Kerala High Court
Pravins vs The State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10661 OF 2017
PETITIONER:
PRAVINS
AGED 39 YEARS
S/O.DEVASSYKKUTTY, MENACHERY HOUSE,MADAKKATHARA P.O.,
THRISSUR DISTRICT 680 651.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.K.R.ARUN KRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,LOCAL SELF
GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE REVENUE DIVISIONAL OFFICER
COLLECTORATE, AYYANTHOLE, THISSUR,THE ASSISTANT
ENGINEER, LSGD,IRINJALAKUDA MUNICIPALITY, THRISSUR -
680 121.
3 THE MADAKKATHARA PANCHAYATH
REP. BY ITS SECRETARY, MADAKKATHARA P.O.,THRISSUR
DISTRICT, PIN: 680 651.
4 THE CONVENOR
LOCAL LEVEL MONITORING COMMITTEE, MADAKKATHARA
PANCHAYATH, MADAKKATHARA P.O., THRISSUR DISTRICT,PIN:
680 651.
BY ADVS.
GOVERNMENT PLEADER
SRI.RAJIT
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.10661 of 2017
2
P.V.KUNHIKRISHNAN,J.
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W.P (C) No.10661 of 2017
---------------------------
Dated this the 21st day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Declare that the property covered by Ext P1 is
garden land in the interest of justice.
ii) Issue a writ of Mandamus or any other
appropriate writ or order of direction commanding
the 2nd to consider Exhibit P6 in the light of Exhibit
P3 for re-assessment of land revenue registers
owned by the petitioner as per Exhibit P1 within a
short span of time as fixed by this honourable court
in the interests of Justice.
iii) Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
2nd respondent to make necessary re assessments
in revenue registers of the land covered by Exhibit
P1 within the stipulated time limits fixed by this
honourable court, in the interest of justice.
iv) Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
3rd respondent to consider Exhibit P2 application for
a building permit and grant the same within the
time limits stipulated by this court in the interests of
Justice.
v) To pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem fit
to grant." [SIC]
2. According to the petitioner, he is in possession of
21.04 Ares of property lying in survey number 585/p of
Madakkathara Village, Thrissur Taluk. The petitioner applied
for the grant of building permit before the second respondent
as evident by Ext.P3 receipt. The same is not considered is the
grievance of the petitioner. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. When this writ petition came up for consideration on
28.03.2017, this Court passed the following order:-
"Admit.
The learned Government Pleader takes notice
for the 1 and 2 respondents. Notice by speed post to
the 3rd and 4th respondents. The petitioner shall
serve a copy of the writ petition on the Government
Pleader.
Post after six weeks for the counter affidavit of
the respondents.
The petitioner shall produce a copy of the writ
petition before the Agricultural Officer along with
the copy of the Field Measurement Book [FMB] and
Survey and Sub-division numbers with respect to
the property obtained from the concerned Village
Officer. The Agricultural Officer shall then seek a
report of the lie and nature of the property as it
remained on the date of coming into force of the
Kerala Conservation of Paddy Land and Wet Land
Act, 2008, from the Director, Kerala State Remote
Sensing and Environment Center (KSREC), Vikas
Bhavan, C-Block, Thiruvananthapuram, Kerala 695
033. On the direction of the Agricultural so to do,
the petitioner shall remit the required fees drawing
a DD in favour of the Director, KSREC, and
entrusting the said DD with the Agricultural Officer
who shall issue a receipt in token of received the
DD. The Agricultural Officer shall then obtain the
report and map from the Director, KSREC, who shall
issue the same on the strength of the DD and
covering letter forwarded to it by the Agricultural
Officer. The Agricultural Officer, on receipt of the
report, shall, in his capacity as Convenor of the
LLMC, conduct physical inspection of the property
and submit a report before this Court as to the lie
and nature of the property, as it exists at present,
along with the report from the KSREC. The report
the Local Level Monitoring Committee (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."
5. Based on the above report, the convenor, the Local
Level Monitoring Committee submitted a report. It will be
beneficial to extract the conclusion of the LLMC.
"From the entries on the aforesaid records
and findings arrived on site inspection, the LLMC
has concluded that the aforesaid 52 cents is dry
land prior to the inactment of Kerala Conservation of
Paddy Land and Wetland Act 2008. The property is
not paddy field in the present condition."
6. In the light of the above, the petitioner can file a fresh
application for building permit in accordance with law. If the
property is included in the data bank, the petitioner is free to
take appropriate steps to remove the same in the light of the
report of the LLMC.
Therefore, this writ petition is disposed of with the
following directions:-
1) The petitioner is free to submit an application
for building permit before the 3 rd respondent and if
such an application is received, the 3rd respondent
will consider the same and pass appropriate orders
in it, in the light of the report of the LLMC, as
expeditiously as possible.
2) If the property is included in the data bank,
the petitioner should approach the statutory
authorities to remove the same before filing the
building permit application in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 10661/2017
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF SETTLEMENT DEED EXECUTED BY
THE FATHER OF THE PETITIONER IN FAVOUR OF
HIM HDATED 30/3/2015
EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE LOCAL LEVEL
MONITORING COMMITTEE ALONG WITH THE REPLY
GIVEN BY PRINCIPAL AGRICULTURAL OFFICER,
THRISSUR DATED 8/8/2016
EXT.P3 TRUE COPY OF THE ACKNOWLEDGMENT GIVEN BY
THE 3RD RESSPONDENT TO THE PETITIONER
DATED 6/1/2017
EXT.P4 TRUE COPY OF THE CIRCULAR ISSUED BY THE
REVENUE DEPARTMENT OF KERALA STATE DATED
1/3/2017
EXT.P5 TRUE COPY OF THE RELEVANT PAGE OF THE
THAT BANK REGISTRAR IS COVERED BY EXHIBIT
P1
EXT.P6 TRUE COPY OF APPLICATION SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
13/3/2017
EXT.P7 TRUE COPY OF POSSESSION CERTIFICATE TAX
RECEIPT, LOCATION SKETCH AS CONCERNING
THE LAND COVERED BY EXHIBIT P1
