Vinu Varghese vs The District Collector
2025 Latest Caselaw 2473 Ker

Kerala High Court

Vinu Varghese vs The District Collector on 16 January, 2025

                                                      2025:KER:3458

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946

                       WP(C) NO. 11007 OF 2019

PETITIONER:

           VINU VARGHESE,
           AGED 43 YEARS,
           S/O.KUNJUKUTTY,MGV HOUSE,
           KIZHAKKETHURUTHU,KOTTARAKKARA,
           KOLLAM DISTRICT-691531.


           BY ADVS.
           ENOCH DAVID SIMON JOEL
           S.SREEDEV
           RONY JOSE
           SUZANNE KURIAN
           CIMIL CHERIAN KOTTALIL
           LEO LUKOSE




RESPONDENTS:

1          THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM
           COLLECTORATE,KOLLAM,KOLLAM DISTRICT,PIN-691013.

2          THE REVENUE DIVISIONAL OFFICER,
           KOLLAM,KOLLAM DISTRICT,PIN-691001.

3          THE VILLAGE OFFICER,
           KOTTARAKKARA VILLAGE,KOTTARAKKARA(PO), KOLLAM
           DISTRICT-691506.

4          ADDL R4, THE REVENUE DIVISIONAL OFFICER,
           TALUK OFFICE, PUNALUR, PUNALUR(P.O),
           KOLLAM DISTRICT PIN-691 305
           ADDL R4 IMPLEADED AS PER ORDER DATED 26-07-2019 IN IA
 W.P.(C)Nos.11007 of 2019 &
4653 of 2021                       2
                                                2025:KER:3458
            NO.1/2019


            BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

            SRI.E.G.GORDEN,SR.GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.01.2025, ALONG WITH WP(C).4653/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.11007 of 2019 &
4653 of 2021                       3
                                                       2025:KER:3458


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946

WP(C) NO. 4653 OF 2021

PETITIONER:

            VINU VARGHESE
            AGED 46 YEARS
            S/O. KUNJUKUTTY, MGV HOUSE, KIZHAKKETHURUTHU,
            KOTTARAKKARA, KOLLAM DISTRICT-691531.


            BY ADVS.
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE
            SUZANNE KURIAN
            CIMIL CHERIAN KOTTALIL
            LEO LUKOSE




RESPONDENTS:

1           THE DISTRICT COLLECTOR
            COLLECTORATE, KOLLAM,
            KOLLAM DISTRICT, PIN-691013.

2           THE REVENUE DIVISIONAL OFFICER,
            KOLLAM, KOLLAM DISTRICT, PIN-691001.

3           THE REVENUE DIVISIONAL OFFICER,
            PUNALUR, KOLLAM DISTRICT, PIN-691305.

4           THE VILLAGE OFFICER,
            KOTTARAKKARA VILLAGE, KOTTARAKKARA (PO),
            KOLLAM DISTRICT-691506.
 W.P.(C)Nos.11007 of 2019 &
4653 of 2021                     4
                                                    2025:KER:3458


5           KOTTARAKKARA MUNICIPALITY,
            MUNICIPAL OFFICE, KOTTARAKKARA,
            KOTTARAKKARA (PO), KOLLAM DISTRICT, PIN-691506,
            REPRESENTED BY ITS SECRETARY.

6           THE SECRETARY, KOTTARAKKARA MUNICIPALITY,
            MUNICIPAL OFFICE, KOTTARAKKARA,KOTTARAKKARA (P.O.),
            KOLLAM DISTRICT, PIN-691506.


            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            SHI.M.K.CHANDRAMOHAN DAS, SC,
            KOTTARAKKARA MUNICIPALITY



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.01.2025, ALONG WITH WP(C).11007/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.11007 of 2019 &
4653 of 2021                        5
                                                         2025:KER:3458

                              JUDGMENT

[WP(C) Nos.11007/2019, 4653/2021]

These two writ petitions concern the very same property.

The petitioner earlier approached this Court by filing W.P.(C)No.17954

of 2016, which stood disposed of by judgment dated 12.04.2018

(Ext.P8 in W.P.(C)No.11007 of 2019), directing the Municipality to take

a decision on the application filed by the petitioner for a building

permit, within a period of two months from the date on which the

petitioner produces the required proceedings from the competent

authority under the Kerala Land Utilisation Order.

2. On the basis of Ext.P8 judgment, petitioner filed

Ext.P10 application before the RDO dated 14.06.2018, seeking the

benefits available under the KLU Order, as regards the property

covered in Sy.Nos.158/12 and 158/13 of Kottarakkara village. The

said application is seen disposed of by Ext.P13 dated 15.09.2018 by

the Sub-Collector, wherein at Clause No.4, the petitioner has been

required to make remittances in tune with the provisions of Rule 27A

(3) of the Ordinance No.41.

3. The petitioner has filed the captioned writ petition

challenging Clause No.4 alone in Ext.P13 issued as above, in W.P.

(C)No.11007 of 2019.

W.P.(C)Nos.11007 of 2019 &

2025:KER:3458

4. Pending W.P.(c)No.11007 of 2019, the petitioner's

application for building permit was disposed of by Ext.P16, which is

challenged in W.P.(C)No.4653 of 2021.

5. I have heard Sri. S. Sreedev, the learned counsel for

the petitioner, Sri. E.G. Gorden, the learned Senior Government

Pleader and Sri. M.K.C. Das, the learned Standing Counsel for

Kottarakkara Municipality.

6. The challenge in W.P.(C)No.11007 of 2019, is with

respect to Clause No.4 of Ext.P13. I notice that, the learned Single

Judge of this Court in Ext.P14 judgment produced in W.P.(C)No.4653

of 2021 has considered the legality or otherwise of the insistence for

making payments under Section 27A of the 2008 Act, finding that the

rigor of Section 27A cannot be insisted with respect to buildings which

have been constructed on the basis of the valid permit before the

incorporation of Section 27A.

7. I notice that, in the case at hand also, the petitioner

may not be required to make any payment under Section 27A, in view

of the fact that the petitioner has completed the construction way

back in 2001, as seen from Ext.P5 building permit and Ext.P6 tax

receipt.

W.P.(C)Nos.11007 of 2019 &

2025:KER:3458

8. In such circumstances, I am of the opinion that

Ext.P13 in W.P.(C)No.11007 of 2019 requires to be interfered with.

Therefore, W.P.(C)No.11007 of 2019 would stand disposed of by

deleting Clause No.4 of Ext.P13.

9. In the light of the afore, the prayers in W.P.

(C)No.4653 of 2021 requires to be considered. In this case, Ext.P16

has been issued by rejecting the application filed by the petitioner,

since the petitioner had not produced the required orders with respect

to the change in description of the property concerned.

In view of the disposal of W.P.(C)No.11007 of 2019 as above,

Ext.P16 in W.P.(C)No.4653 of 2021 would also stand set aside. It is for

the petitioner to obtain the required proceedings, by virtue of the

decision in W.P.(C)No.11007 of 2019 and produce the same before

the Kottarakkara Municipality, in which event, the Municipality will

pass appropriate orders, in accordance with law. Needless to say

that, if the petitioner had sought for the building permit prior to the

amendments in 2019, the provisions as it existed on the making of

the application for building permit alone need to be applied.

Sd/-

HARISANKAR V. MENON JUDGE ANA W.P.(C)Nos.11007 of 2019 &

2025:KER:3458 APPENDIX OF WP(C) 4653/2021

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE SETTLEMENT DEED DATED 9.6.2003.

EXHIBIT P2 TRUE COPIES OF THE POSSESSION CERTIFICATE DATED 7.4.2016.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 7.4.2016.

EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTIES IN SY.NO.158/12 AND 158/13 OF KOTTARAKKARA VILLAGE IN KOTTARAKKARA TALUK.

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DATED 20.6.2001.

EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 7.5.16 ISSUED BY THE SECRETARY, KOTTARAKKARA MUNICIPALITY.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 12.4.2018 IN WP(C) NO.17954/2016.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 14.5.2018 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 14.6.2018 FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 14.6.2018 FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WP(C) NO.21809 OF 2018 DATED 2.7.2018.

EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT BEARING NO.K/12984/2018 DATED 15.9.2018.

W.P.(C)Nos.11007 of 2019 &

2025:KER:3458

EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 10.11.2020 IN WP(C) NO.34791/2019.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 16.2.2021 FILED BEFORE THE 6TH RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE MEMO NO.E1/2384/21 DATED 19.2.2021 ISSUED BY THE 6TH RESPONDENT. W.P.(C)Nos.11007 of 2019 &

2025:KER:3458

APPENDIX OF WP(C) 11007/2019

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE SETTLEMENT DEED DT.09.06.2003.

EXHIBIT P2 TRUE COPIES OF THE POSSESSION CERTIFICATE DT.07.04.2016,

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DT.07.04.2016

EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTIES IN SY.NO.158/12 AND 158/13 OF KOTTARAKKARA VILLAGE IN KOTTARAKKARA TALUK.

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DT.20.06.2001.

EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DT.07.05.16 ISSUED BY THE SECRETARY,KOTTARAKKARA MUNICIPALITY.

EXHIBIT P8               TRUE COPY OF THE JUDGMENT DT.12.04.2018 IN
                         WP(C)NO.17954/2016,

EXHIBIT P9               TRUE COPY OF THE     RECEIPT DT.14.05.2018
                         ISSUED   FROM THE    OFFICE  OF  THE   1ST
                         RESPONDENT.

EXHIBIT P10              TRUE COPY OF THE APPLICATION DT.14.06.2018
                         FILED BY THE 2ND RESPONDENT.

EXHIBIT P11              TRUE COPY OF THE RECEIPT DT.14.06.2018
                         FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P12              TRUE COPY OF THE JUDGMENT IN WP(C)NO.21809
                         OF 2018 DT.02.07.2018.

EXHIBIT P13              TRUE COPY OF THE ORDER PASSED BY THE 2ND

RESPONDENT BEARING No.K/12984/2018 DT 15/09/2018.

W.P.(C)Nos.11007 of 2019 &

2025:KER:3458 EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 10.11.2020 IN W.P.(C) NO.34791/2019 OF THIS HON'BLE COURT.