Kerala High Court
Kamar Bhanu vs Pirayiri Grama Panchayat on 5 September, 2024
2024:KER:68075
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 3221 OF 2024
PETITIONER/S:
KAMAR BHANU, AGED 58 YEARS,W/O. ABDUL SALAM,
RESIDING AT “SHAHIBAS”. KARUNA NAGAR,
PIRAYIRI GRAMA PANCHAYAT, PALAKKAD TALUK,
PALAKKAD DISTRICT, REPRESENTED BY POWER OF
ATTORNEY HOLDER, KAJA MOIDHEEN, AGED 69 YEARS,
S/O. ABDUL KAREEM, RESIDING AT HYROON MANZIL,
NEDUMPALLAM, VANDITHAVALAM, PATTANCHERY VILLAGE,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678004
BY ADVS.
P.R.VENKATESH
LAKSHMI MEENAKSHI P.R.
MAITHRI SRIKANT
ASHA P.KURIAKOSE
RESPONDENT/S:
1 PIRAYIRI GRAMA PANCHAYAT, REPRESENTED BY ITS
SECRETARY, PIRAYIRI, PALAKKAD DISTRICT, PIN -
678004
2 SECRETARY, PIRAYIRI GRAMA PANCHAYAT, PIRAYIRI,
PALAKKAD DISTRICT, PIN - 678004
3 REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO,
CIVIL STATION, PALAKKAD, PIN - 678001
BY ADV SURAJ S
SMT.PREETHA K.K., SR.GP, SRI.R.RAJPRADEEP, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.3221 of 2024
2
2024:KER:68075
MOHAMMED NIAS C.P.,J
---------------------
W.P.(C) No.3221 of 2024
---------------------------
Dated this the 5th day of September, 2024
JUDGMENT
The petitioner obtained Ext.P1 Building Permit on 25.04.2019.
The petitioner submits that he has completed the construction of
the house within the validity of the period of the permit. The
petitioner also claimed that with respect to the property in
question, permission was obtained under Clause 6(2) of the Kerala
Land Utilization Order, 1967 and therefore, sought for a
declaration that since there is a KLU Order and construction has
been effected on the basis of the permit granted, the Panchayat is
bound to renew or extend the Building Permit and issue
completion certificate, occupancy certificate and also to assign the
building number.
2. A counter has been filed on behalf of the Panchayat
stating that, the petitioner has not sought for renewal of the
permit which expired on 25.04.2022 and instead he continued the
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construction of the building without renewing the permit. It is also
submitted that the Revenue Records show that the property in
question is classified as a 'Paddy Land' and steps are to be taken
under the provision of the Kerala Conservation of Paddy Land and
Wetland Act and Rules. Though the petitioner submits that Ext.P6
document refers to the KLU Order, the order was neither produced
before the Panchayat nor is it produced in this Writ Petition.
3. The Panchayat also submits that as against the permit
granted for 264.98 sq.mtrs in the approved permit, the petitioner
has carried out a construction with a plinth area of 478.18 sq.mtrs,
which is a huge variation and violation of the Permit granted.
4. In view of the statements filed above, which are not
controverted or substantiated with records, no relief as sought for
by the petitioner can be granted. It is for the petitioner to file an
appropriate application for renewal or for regularisation of the
construction, in which case the Panchayat will pass appropriate
orders in accordance with law. Since the petitioner submits that
the property is not included in the Data Bank, it will be open to the
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petitioner to apply under Form 6 of the Kerala Conservation of
Paddy Land and Wetland Act, for changing the nature of the
property as the same is an unnotified land. Reserving the right of
the petitioner to file the above applications, this writ petition is
disposed of.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
rpk
2024:KER:68075
APPENDIX OF WP(C) 3221/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT ISSUED
ON 25.4.2019
Exhibit P2 TRUE COPY OF LOCATION CERTIFICATE OF
THE PLOT WHEREIN CONSTRUCTION WAS
UNDERTAKEN ISSUED BY THE VILLAGE
OFFICER, PIRAYIRI VILLAGE
Exhibit P3 FEW PHOTOGRAPHS OF THE BUILDING
CONSTRUCTED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE FORM -5 APPLICATION
UNDER RULE 4D OF THE KERALA PADDY LAND
AND WET LAND RULES DATED 21.8.2023
Exhibit P5 TRUE COPY OF POSSESSION CERTIFICATE
DATED 19.8.2023
Exhibit P6 TRUE COPY OF THE REGISTERED DOCUMENT
NO. 5899/2016 OF SRO, PALAKKAD
Exhibit P7 True copy of relevant extract of the
data bank issued on 14.6.2011 by the
Pirayiri Grama Panchayat
