Kerala High Court
C.B.G.Thilakan vs State Of Kerala on 28 May, 2024
WP(C) No.28494/2022 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 28494 OF 2022
PETITIONERS:
1. C.B.G.THILAKAN, AGED 74 YEARS S/O.CHELLAPPAN,T.C.49/985, SREENIVASA,
CHIRAMUKKU, MANACAUD P.O., THIRUVANANTHAPURAM-695009.
2. B.CHANDRIKA, W/O.C.B.G.THILAKAN, T.C.49/985, SREENIVASA, CHIRAMUKKU,
MANACAUD P.O., THIRUVANANTHAPURAM-695009.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM, OFFICE OF THE
REVENUE DIVISIONAL OFFICER, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM-695043.
3. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
OFFICE OF CORPORATION OF THIRUVANANTHAPURAM, PALAYAM P.O.,
THIRUVANANTHAPURAM-695033.
4. SECRETARY, CORPORATION OF THIRUVANANTHAPURAM OFFICE OF CORPORATION
OF THIRUVANANTHAPURAM, PALAYAM P.O., THIRUVANANTHAPURAM-695033.
5. ASSISTANT ENGINEER (LID & EW), CORPORATION OF THIRUVANANTHAPURAM,
OFFICE OF CORPORATION OF THIRUVANANTHAPURAM, PALAYAM P.O.,
THIRUVANANTHAPURAM.
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 issue an interim direction to respondents 3 to 5 to process
Ext.P11 application for building permit submitted by the petitioners
without insisting for payment of fee in accordance with Rule 12(9) read
with Ext.P10 schedule of the Kerala Conservation of Paddy Land & Wet Land
rules pending disposalof this Writ Petition(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
01/09/2022 and upon hearing the arguments of SRI.M.SREEKUMAR, Advocate for
the petitioners, GOVERNMENT PLEADER for R1 & R2 and of STANDING COUNSEL
for R3 to R5, the court passed the following:
WP(C) No.28494/2022 2/3 Order Date : 28-05-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) Nos. 2785/2021, 2012/2021, 14441/2021,
22561/2021, 26871/2021, 26974/2021, 27477/2021,
5997/2022, 20560/2022, 25734/2022, 27851/2022,
28494/2022, 29722/2022, 34951/2022, 34973/2022,
36576/2022, 39287/2022, 42019/2022, 42802/2022,
233/2023, 459/2023, 591/2023, 697/2023, 2515/2023,
7097/2023, 7676/2023, 15372/2023, 20897/2023,
20976/2023, 22264/2023, 24368/2023, 24457/2023,
25372/2023, 28799/2023, 33196/2023, 36531/2023,
9005/2024, 10292/2024, and 10532/2024
========================
Dated this the 28th day of May, 2024
ORDER
Parties are directed to complete their pleadings within three
weeks. Learned Government Pleader is directed to ensure that all the
respondents are given a copy of the counter affidavit filed along with
the adoption memo.
It will be open to the petitioners to file a convenience compilation
a week before the date for hearing.
Post for hearing on 21.06.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.28494/2022 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 28494/2022
Exhibit P1 TRUE COPY OF SALE DEED NO.67/2015 OF SUB REGISTRY
OFFICE, CHALAI DATED 13..01..2015.
Exhibit P2 TRUE COPY OF SALE DEED NO.68/2015 OF SUB REGISTRY
OFFICE, CHALAI DATED 13..01.2015.
Exhibit P3 TRUE COPY OF SALE DEED NO.86/2015 OF SUB REGISTRY
OFFICE, CHALAI DATED 14..01..2015.
Exhibit P4 TRUE COPY OF TAX RECEIPT NO.KL01011205630/2022 DATED
26..04..2022 ISSUED TO THE PETITIONERS.
Exhibit P5 TRUE COPY OF CERTIFICATE NO.KBT 04/2021-22 DATED
7..10..2021 ISSUED BY THE AGRICULTURAL FIELD OFFICER,
KRISHI BHAVAN, THIRUVANANTHAPURAM CORPORATION.
Exhibit P6 TRUE COPY OF APPLICATION DATED 9..6..2020 FILED BY
PETITIONERS BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF NOTICE (FILE NO.RDOTVM/3409/2021-1 DATED
15..9..2021 FROM THE 2ND RESPONDENT TO PETITIONERS.
Exhibit P8 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC
NO.22893/2021 DATED 17..11..2021.
Exhibit P9 TRUE COPY OF ORDER NO.3409/2021-14(DDIS) DATED
09..03..2022 OF THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE SCHEDULE U/R 12 (9) OF THE RULES DATED
25..2..22
Exhibit P11 TRUE COPY OF APPLICATION DATED 10..6..2022 FILED BY
PETITIONERS BEFORE THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF NOTICE NO.T.P.FE2-BA/19/2022 DATED
11.08..22 ISSUED BY 5TH RESPONDENT TO PETITIONERS.
Exhibit P13 TRUE COPY OF ORDER IN WP NO.2785/2021 DATED 17.05..2021
OF THIS HON'BLE COURT.
