Deepu Joy vs The Mulanthuruthy Grama Panchayath
2024 Latest Caselaw 12942 Ker

Kerala High Court

Deepu Joy vs The Mulanthuruthy Grama Panchayath on 22 May, 2024

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                       WP(C) NO. 16857 OF 2013
PETITIONER:

          DEEPU JOY,
          S/O.JOY,ANAKUZHIYIL HOUSE,KADUNGAMANGALAM - 682 305.

          BY ADV SRI.BIJU .C. ABRAHAM




RESPONDENTS:

    1     THE MULANTHURUTHY GRAMA PANCHAYAT,
          MULANTHURUTHY REPRESENTED BY ITS SECRETARY - 682 314.

    2     THE SECRETARY,
          MULANTHURUTHY PANCHAYAT,MULANTHURUTHY - 682 314.

    3     THE TAHSILDAR,
          KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM - 682 011.

    4     THE VILLAGE OFFICER,
          MULANTHURUTHY VILLAGE,MULANTHURUTHY - 682 314.

    5     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN,MULANTHURUTHY- 682 314.

    6     LOCAL LEVEL MONITORING COMMITTEE
          MULANTHURUTHY REPRESENTED BY ITS CONVENER &
          AGRICULTURAL OFFICER, KRISHI BHAVAN,
          MULANTHURUTHY - 682 314.

    7     ADDL.R7: THE DISTRICT COLLECTOR, COLLECTORATE,
          ERNAKULAM - 682 030.*

    8     ADDL.R8: THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI - 682 001.*

          *ADDL.R7 & R8 ARE IMPLEADED AS PER ORDER DATED
          01.08.20213 IN I.A.NO.9923/13.
 WP(C) NO. 16857 OF 2013
                                   2

             BY ADVS.
             SRI.P.PRIJITH
             SRI.S.SREEKUMAR SR.

             SMT.THUSHARA JAMES, SR.GP




      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   22.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16857 OF 2013
                                       3

                                JUDGMENT

This writ petition was filed in the year 2013 seeking the

following reliefs:-

"i)Issue a writ of mandamus or any other appropriate writ or order directing respondent No.3 to consider Ext.P5 representation of the petitioner in accordance with law and change the nature of the petitioner's land in survey No.266/5 Pt., Block No. 23 of Mulanthuruthy village in BT Register as 'Purayidom/garden land';

ii) Issue a writ of mandamus or any other appropriate writ or order directing the 2 nd respondent to grant the building permit to the petitioner for constructing a residential building in Survey No. 266/5 Pt., Block No. 23 of Mulanthuruthy village and covered by Exts. P1, P2 and P3;

iii)Issue a writ of mandamus or other appropriate writ or order directing respondent Nos.5 and 6 to rectify the mistake in the nature of the petitioner's land in the data bank as 'Purayidam' instead of 'Nilam' within a time frame as may be fixed by this Hon'ble Court."

2. The learned counsel for the respondent Panchayat

submits that as per his instructions no building permit has been

issued to the petitioner. The question as to whether the petitioner is WP(C) NO. 16857 OF 2013

entitled to get the nature of land as recorded in the Revenue

Records changed, is a matter to be considered by the competent

authorities. Ext.P5 is a representation submitted before the 3 rd

respondent.

Having regard to the facts and circumstances of the case, this

writ petition will stand disposed of directing the 3 rd respondent to

consider Ext.P5, in accordance with law. If the 3 rd respondent is not

competent to take any decision on Ext.P5, he shall forward the

same to the competent authority and that authority shall consider

the same, in accordance with law, after affording an opportunity of

hearing to the petitioner. The petitioner shall produce a copy of the

writ petition along with a certified copy of this judgment before the

3rd respondent for compliance.

The writ petition is disposed of with the aforesaid direction.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 16857 OF 2013

APPENDIX OF WP(C) 16857/2013

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.737/2007 DATED 23.2.2007 OF S.R.O., MULANTHURUTHY.

EXHIBIT P2: TRUE COPY OF THE TAX RECEIPT DATED 25.6.2012.

EXHIBIT P3: TRUE COPY OF THE RECEIPT DATED 25.6.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3(A): PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE ABOVE PROPERTY.

EXHIBIT P3(B): PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE ABOVE PROPERTY.

EXHIBIT P3(C): PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE ABOVE PROPERTY.

EXHIBIT P3(D): PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE ABOVE PROPERTY.

EXHIBIT P4: TRUE COPY OF THE COMMUNICATION ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MULANTHURUTHY TO THE 4TH RESPONDENT.

EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 11.6.2013 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3.

EXHIBIT P6: TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 14.6.2013 TO THE 3RD RESPONDENT.