Kerala High Court
Annamma John vs State Of Kerala on 27 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 17086 OF 2023
PETITIONERS:
1 THAHA MUHAMMADU KUNJU @ THAHA M,
AGED 40 YEARS
S/O. C.A. MUHAMMED KUNJU, CHANKOORPUTHUVELIL HOUSE,
UPPUTHARA PO, UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT - 685505 REPRESENTED BY POWER OF
ATTORNEY HOLDER THAJUDHEEN C.M., AGED 35 YEARS, S/O.
MUHAMMAD KUNJU, CHANKOOR HOUSE, UPPUTHARA PO, UPPUTHARA
VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685505
2 NEENAMOL PUTHENPEEDIKAYIL ABDULKADER @ NEENAMOL P.A.,
AGED 37 YEARS
W/O. THAHA M., CHANKOORPUTHUVELIL HOUSE, UPPUTHARA PO,
UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT -
685505, REPRESENTED BY POWER OF ATTORNEY HOLDER
THAJUDHEEN C.M., AGED 35 YEARS, S/O. MUHAMMAD KUNJU,
CHANKOOR HOUSE, UPPUTHARA PO, UPPUTHARA VILLAGE,
PEEERMADE TALUK, IDUKKI DISTRICT, PIN - 685505
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE SPECIAL OFFICER & COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, COLLECTORATE,
IDUKKI, PIN - 685603
4 THE TAHSILDAR,
PEERMADE TALUK,
IDUKKI DISTRICT, PIN - 685538
5 THE VILLAGE OFFICER,
UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT ,, PIN - 685505
6 THE SECRETARY,
UPPUTHARA GRAMA PANCHAYAT,
W.P.(C) Nos.17086 and 18264 of 2023
2
UPPUTHARA PO,
IDUKKI DISTRICT, PIN - 685505
BY ADVS.
GOVERNMENT PLEADER
M.U.VIJAYALAKSHMI
OTHER PRESENT:
SMT.DEVI SHRI R, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2024, ALONG WITH WP(C).18264/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17086 and 18264 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 18264 OF 2023
PETITIONER:
ANNAMMA JOHN,
AGED 56 YEARS
W/O. JOHN P JOHN, PLAPARAMBIL HOUSE,
UPPUTHARA, IDUKKI DISTRICT, PIN - 685505
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE SPECIAL OFFICERS & COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, COLLECTORATE, IDUKKI
DISTRICT, PIN - 685603
4 THE TAHSILDAR,
PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685538
5 THE VILLAGE OFFICER ,
UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI
DISTRICT, PIN - 685505
6 THE SECRETARY
UPPUTHARA GRAMA PANCHAYATH, UPPUTHARA PO,
IDUKKI DISTRICT, PIN - 685505
BY ADVS.
SMT. DEVI SHRI R, GP
M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2024, ALONG WITH WP(C).17086/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17086 and 18264 of 2023
4
MOHAMMED NIAS C.P, J.
========================
W.P.(C) Nos.17086 and 18264 of 2023
========================
Dated this the 22nd day of May, 2024
JUDGMENT
These writ petitions are filed challenging the orders
passed by the 6th respondent Panchayat, rejecting the
applications preferred by the petitioners seeking
building permits, inter alia on the ground that the
properties in question were exempted as plantations
under the provisions of the Kerala Land Reforms Act.
Ext.P3 is the rejection order in W.P.(C). No. 17086 of
2023, while Ext.P4 is the rejection order in W.P.(C). No.
18264 of 2023.
2. Both sides submitted that the rejection of the
applications for building permits on the ground that the
properties were exempted as plantations under the
provisions of the Kerala Land Reforms Act cannot be
sustained as the said issue is no longer res integra.
W.P.(C) Nos.17086 and 18264 of 2023
3. The question of whether a land exempted
under the provisions of the Kerala Land Reforms Act can
be used for purposes other than for which exemption
was availed came up for consideration before a Full
Bench of this Court in Mathew K.Jacob and another v.
District Environmental Impact Assessment Authority
[2018 (5) KHC 487]. This Court held that the provisions
of the Kerala Land Reforms Act will have to be given
effect to without affecting the public interest intended to
be protected by conferring exemption to various
categories of land mentioned in Section 81.
4. The issue was again considered by this Court
in Kinallur Rock Sand (M/s.) v. State of Kerala and others
[2021 (2) KLT 351], wherein it was held that there is no
prohibition in using an exempted land under the Kerala
Land Reforms Act for a different purpose and therefore
cannot be a reason to decline permission for
construction activities. This Court in WPC No. 32299 of
2023 dated 27.10.2023 has also followed the above
judgments and held that the rejection of the building
W.P.(C) Nos.17086 and 18264 of 2023
permit on the ground that the property in question is
exempted land under the provisions of the Kerala Land
Reforms Act cannot be justified.
5. Accordingly, the impugned orders are
quashed. There will be a direction to the 6th respondent,
Panchayat, to consider the application for a building
permit submitted by the petitioners without considering
that their property in question is exempted land and
pass appropriate orders on the applications if they are
otherwise in order.
6. Needless to say, this Court has considered
only the objection regarding the properties being
exempted land. The petitioners are bound to comply
with all other provisions of the relevant Building Rules to
be granted permission.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
W.P.(C) Nos.17086 and 18264 of 2023
APPENDIX OF WP(C) 18264/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE SALE DEED BEARING
NO 1706/1/2015 DATED 13/07/2015
EXHIBIT P1(A) A TRUE COPY OF THE TAX RECEIPT DATED
03/05/2023
EXHIBIT P2 A TRUE COPY OF REJECTION LETTER DATED
22/03/2023 ISSUED BY THE 6TH
RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 11/04/2023 ISSUED BY
THE 6TH RESPONDENT
EXHIBIT P4 A TRUE COPY OF REJECTION ORDER
BEARING
NO.400564/BPRL01/GPO/2023/1767/(1)
DATED 04/05/2023 ISSUED BY THE 6TH
RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE JUDGEMENT DATED
08/02/2019 PASSED BY THIS HON'BLE
RESPONDENT EXHIBITS :
EXHIBIT R6(A) TRUE COPY OF THE G.O.(MS) NO.
61/2021/LSGD DATED 22.2.2021
EXHIBIT R6(B) TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 15.1.2023 OF THE
PETITIONER
W.P.(C) Nos.17086 and 18264 of 2023
APPENDIX OF WP(C) 17086/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED
BEARING NO. 3404/2021 DATED
16/11/2021
EXHIBIT P1(A) A TRUE COPY OF THE TAX RECEIPT DATED
12/1/2023
EXHIBIT P2 A TRUE COPY FOR THE ACKNOWLEDGMENT
RECEIPT DATED 28/1/2023 ISSUED BY THE
6TH RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE REJECTION ORDER
BEARING NO.
400564/BPMC02/GPO/2023/381/(2) DATED
28/4/2023
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED
9/1/2019 PASSED BY THIS HON'BLE COURT
RESPONDENT EXHIBITS :
EXHIBIT R6(A) TRUE COPY OF THE G.O. (MS) NO.
61/2021/LSGD DATED 22.2.2021
EXHIBIT R6(B) TRUE COPY OF THE POSSESSION
CERTIFICATE VIDE NO. 15/23 DATED
3.1.2023 OF THE PETITIONER
// True Copy // PA To Judge
