Kerala High Court
M.A.Muhammed Musthafa vs Noolpuzha Grama Panchayath on 25 September, 2024
WP(C) NO. 17025 OF 2022 1
2024:KER:71481
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
1946
WP(C) NO. 17025 OF 2022
PETITIONER:
M.A.MUHAMMED MUSTHAFA, AGED 54 YEARS
S/O ABDUL RAHIMAN, MURUKUDY HOUSE MOOLANKAVU P.O
WAYANAD- 673 592
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENTS:
NOOLPUZHA GRAMA PANCHAYATH
REP BY IT'S SECRETARY NOOLPUZHA PANCHAYATH
1
OFFICE WAYANAD 673 592
THE SECRETARY,
NOOLPUZHA GRAMA PANCHAYATH NOOLPUZHA PANCHAYATH
2
OFFICE SULTHAN BATHERY WAYANAD 673 592
THE REVENUE DIVISIONAL OFFICER,
3 MANANNTHAVADY SUB COLLECTOR OFFICE, KANNUR ROAD
WAYANAD- 670 645.
BY ADVS.
SHRI.MANOJ RAMASWAMY, SC, NOOLPUZHA GRAMA
PANCHAYAT
JIKKU SEBAN GEORGE
ADVOCATE GENERAL OFFICE KERALA
DEEPTI SUSAN GEORGE
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17025 OF 2022 2
2024:KER:71481
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.17025 of 2022
.............................................................
Dated this the 25th day of September, 2024
JUDGMENT
The petitioner, stated to be the owner of 1.1071
hectares of Garden land in Re-survey No.420/2 of
Noolpuzha village, Wayanad had a building and a well in
the said property. The petitioner's wife was conducting a
poultry farm in the existing shed as per the consent
issued by the Pollution Control Board. It is stated that in
2018, the poultry farm shed was strengthened, the roof
was replaced and an application was filed to the 2 nd
respondent for allotment of a building number and also to
regularize the renovated shed. As the property initially
was wrongly included in the data bank describing it as
'Nilam', the Panchayath did not allot the building number.
The RDO after a site inspection, found that the entry
regarding the nature of land in the data bank was wrong
and directed the Tahasildar to rectify the mistake which
the Tahasildar did by order dated 27.04.2021 making
2024:KER:71481
necessary corrections in the revenue records. However,
the possession certificate granted recorded that the land
can be utilized only for agricultural purposes.
2. This endorsement was challenged by the
petitioner by filing W.P.(C) No.2070 of 2022 before this
Court and by Ext.P4 judgment, correction of the said
endorsement was directed. There was also a direction to
consider the regularization application filed by the
petitioner after obtaining the new possession certificate.
Consequent to Ext.P4 judgment, the Village Officer issued
a fresh possession certificate without any endorsement.
However, the 1st respondent declined to regularize the
construction stating that Ext.P2 order of the Revenue
Divisional Officer in an application under Form 6 of the
Kerala Conservation of Paddy Land and Wetland Act 2008
made by the petitioner, had an endorsement which
directed the Secretary of the Panchayat to collect Rs.100
per sq.ft. for the area exceeding 3000 sq. ft. For the said
reason the application for regularization was rejected as
per Ext.P5. Consequential demands raised are also
impugned in this writ petition which are Exts.P10 to P12.
2024:KER:71481
3. The learned counsel for the petitioner
submits that the building was in existence much prior to
the amendment to the Kerala Conservation of Paddy Land
and Wetland Act 2008 on 30.12.2017 and the same is
clear from Ext.P1 which is dated 25.11.2016, a consent
issued by the Pollution Control Board for running the
poultry farm.
4. The learned counsel for the petitioner
submits that issue is covered in favour of the petitioner by
the judgments of this Court in Cheranelloor Grama
Panchayath, Ernakulam and another v. Jow Thattil [2020
(5) KHC 669], Shiji Joshy v. State of Kerala and others
[2022 (7) KHC 502], the judgment in W.P.(C) 7814 of
2023 as well as the recent judgment of this Court in M/s
Aster DM Health Care Limited and others v.
Cheranelloor Grama Panchayat and others [2024 (4)
KHC 515]. This Court had consistently held that for
constructions effected prior to 30.12.2017, even if they
were made without taking recourse to the provisions of
the Kerala Land Utilization order, it must be held that
there is already a change in the nature of the land which
2024:KER:71481
meant that the nature of the unnotified land is changed or
has been changed irreversibly and in such a manner that
it cannot be reverted back to the original condition by
ordinary means and therefore, the amended provisions
dated 30.12.2017 cannot be made applicable. This
position is not disputed either by the learned Government
Pleader or by the learned Standing Counsel appearing for
the Panchayat.
5. Accordingly, the endorsement in Ext.P2
that directs payment of Rs.100 per sq.ft. exceeding the
area of 3000 sq.ft. is quashed. Consequently, the
rejection of the application for regularization by Ext.P5
order also cannot be sustained and the same is also
quashed. The demands made in Exts.P10 to P12 are on
the basis that only an unauthorized assessment number
was granted and that the building was not regularized.
Since I have already quashed the endorsement in Ext.P2
and Ext.P4, consequential demands raised through Exts.
P10 to P12 also cannot be sustained.
6. Accordingly, the impugned orders are
quashed, the writ petition is allowed and there will be a
2024:KER:71481
direction to the 1st respondent to reconsider the
application for regularization submitted by the petitioner
within a month from the date of receipt of the copy of the
judgment with notice to the petitioner and in accordance
with law.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:71481
APPENDIX OF WP(C) 17025/2022
PETITIONER EXHIBITS
TRUE COPY OF THE PCB CONSENT DT
Exhibit P1 25/11/2016
TRUE COPY OF ORDER NO RDOMDY/273/2021-
Exhibit P2 F1 OF RDO DT 27/04/2021
TRUE COPY OF THE ORDER DT 10.09.2021
Exhibit P3 ISSUED BY THE PANCHAYATH
TRUE COPY OF JUDGMENT OF THIS HON'BLE
Exhibit P4 COURT IN WPC 2070 OF 2022 DT 09/03/2022
TRUE COPY OF THE LETTER NO S C4-
4906/2021 DT 29/04/2022 ISSUED BY THE
Exhibit P5
1ST RESPONDENT
TRUE COPY OF ORDER NO SC1.4906/21 DT
12/07/2022 ISSUED BY THE PANCHAYATH
Exhibit P6
SECRETARY
TRUE COPY OF THE CONSENT TO OPERATE NO
Exhibit P7 PCB/WND/ICO/35/2021 DT 27/01/2021
TRUE COPY OF THE CONSENT TO OPERATE NO
PCB/WND/ICO-EXPAN/231/2021 DT
Exhibit P8
14/07/2021
TRUE COPY OF THE CONSENT TO OPERATE NO
Exhibit P9 PCB/WND/ICO/204/2021 DT 29/04/2021
TRUE COPY OF THE DEMAND NOTICE DT
28/02/2023 WITH RESPECT TO BUILDING ID
Exhibit P10
51083010014631
Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DT
28/02/2023 WITH RESPECT TO BUILDING ID
2024:KER:71481
51083010014632
TRUE COPY OF THE DEMAND NOTICE DT
28/02/2023 WITH RESPECT TO BUILDING ID
Exhibit P12
51083010014633
RESPONDENTS EXHIBITS
True copy of the notice dated
21.07.2020 issued by the 1st
R1(A)
respondent.
True copy of the application dated
R1(B) 22.07.2020.
True copy of the application dated
R1(C) 24.07.2020
