Kerala High Court
A.P.Hajara vs Thrikkaripur Grama Panchayath ... on 4 November, 2025
2025:KER:83279
W.P.(C). No.36613 of 2022
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 36613 OF 2022
PETITIONER:
A.P.HAJARA
AGED 54 YEARS
ANGILLATH POLLAYIL HOUSE VELLAP, THRIKKARIPUR P.O
KASARAGOD, PIN - 671310
BY ADVS. SHRI.M.BAIJU NOEL
SMT.T.S.LIKHITHA
SHRI.SHINTO SABASTIAN
SHRI.ANIL PAUL
RESPONDENTS:
1 THRIKKARIPUR GRAMA PANCHAYATH REPRESENTED BY ITS
SECRETARY
THRIKKARIPUR,KASARGOD DISTRICT, PIN - 671310
2 THE SECRETARY,
3. THRIKKARIPUR GRAMA PANCHAYATH THRIKKARIPUR,
KASARGOD DISTRICT, PIN - 671310
3 VILLAGE OFFICER
NORTH THRIKKARIPUR VILLAGE OFFICE
THRIKKARIPUR,KASARGOD DISTRICT, PIN - 671310
4 THE REVENUE DIVISIONAL OFFICER
KANHANGAD,KANHANGAD P.O., KASARAGOD DISTRICT,
PIN - 671531
BY ADVS. GOVERNMENT PLEADER ADV. NIMA JACOB
SHRI.V.N.RAMESAN NAMBISAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:83279
W.P.(C). No.36613 of 2022
:2:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) No.36613 of 2022
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 4th day of November, 2025
JUDGMENT
The petitioner has approached this Court challenging
Exts.P6, P10, P11 and P12 issued by the respondent Panchayat
and Ext.P13 stop memo issued by the 3 rd respondent Village
Officer.
2. The petitioner has purchased an extent of 2.83 Ares of
land as per Ext.P1. Mutation was effected and tax was paid as
evident from Ext.P2. The petitioner submits that the property is
not included in the data bank, as per the provisions of the Kerala
Conservation of Paddy Land and Wetland Act, 2008(hereinafter
referred to as 'the Act, 2008'), as evident from Ext.P4. An
application for building permit was submitted by the petitioner
before the local authority, wherein Ext.P5 permit was granted for
construction of a building having an extent of 119.43 square
metres. The petitioner started construction of the building,
thereupon Ext.P6 stop memo was issued, based on a report of the
Agricultural Officer. Against Ext.P6, Ext.P9 objection was filed by
the petitioner. Thereafter Ext.P10 notice was issued, directing the
2025:KER:83279
petitioner to stop the construction. Later, by Ext.P11, the permit
granted to the petitioner was cancelled based on the report of the
Agricultural Officer. Ext.P13 stop memo was also issued by the 3 rd
respondent Village Officer. The specific case of the petitioner is
that she has purchased the property for the purpose of
undertaking construction of a residential building and that
property was not included in the data bank at the time when she
submitted the application for building permit and the same was
duly granted as per Ext.P5. Later, stop memo was issued based on
the report of the Agricultural Officer. The petitioner relies on
Section 27A(6) of the Act, 2008 and submits that no permission
under the Act, 2008 is necessary for constructing a residential
building having a maximum area of 120 square meters in a
maximum extent of 4.04 ares of land or a commercial building
having a maximum area of 40 square meters in a maximum extent
of 2.02 ares of un-notified land. The property is an un-notified
land. It is in the said circumstances that the petitioner has
approached this Court challenging the stop memo and the order
cancelling the permit.
3. A detailed counter affidavit has been filed by the
respondent Panchayat, wherein it is stated that the stop memos
2025:KER:83279
were issued based on the report of the Agricultural Officer, who is
the Convener of the Local Level Monitoring Committee, stating
that the property is suitable for paddy cultivation and the
petitioner cannot be permitted to undertake construction activity
in the said land and thereupon the stop memos were issued and
after hearing the petitioner, the building permit granted to the
petitioner was cancelled. The learned counsel appearing for the
respondents submits that the petitioner undertook the
construction activity, despite the stop memos issued.
4. Heard the rival contentions on both sides.
5. This Court has granted permission to the petitioner to
undertake the construction at her risk and based on the same the
petitioner has almost completed the construction of the building.
The petitioner would submit that in the case of property of her
son, which is also a property of the same nature, Ext.P17 building
permit was granted and the construction of a commercial building
was completed and an Occupancy Certificate was issued as per
Ext.P18. In answer to the permission granted to the son of the
petitioner the contention raised by the learned Counsel appearing
for the respondent Panchayat is that going by Section 27A of the
Act, 2008, in an area having a maximum extent of 2.02 ares, a
2025:KER:83279
commercial building having an extent of maximum 40 square
meters could be permitted and it is in the said circumstance that
permit was granted. I am of the view that the said stand of the
Panchayat will equally apply to the case of the petitioner also.
Section 27A(6) of the Act, 2008 permits construction of a
residential building having a maximum area of 120 square meters
in a maximum extent of 4.04 ares of un-notified land. The
construction undertaken by the petitioner is a residential building
having only an extent of 119.43 sq. metres and the extent of the
property covered by Ext.P1 is less than 4.04 ares. It is further to
be noted that a perusal of Ext.P11 would reveal that first time the
Agricultural Officer reported to the local authority regarding the
steps taken for inclusion of the said property was on 03.04.2021,
ie., much beyond 16.03.2021, the date on which the permit was
granted.
Taking into consideration the fact that when the building
permit was granted, the property was not included in the data
bank and also Section 27A(6), which permits such construction
without getting necessary permission from the authorities under
the Act, 2008, I am of the view that the impugned orders are liable
to be interfered with. Accordingly, Ext.P6, P10, P11, P12 and P13
2025:KER:83279
are set aside. The petitioner shall undertake construction activity
strictly in accordance with Ext.P5 building permit.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2025:KER:83279
APPENDIX OF WP(C) 36613/2022
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF DOCUMENT NO.2446/2018
DATED 11/09/2018 OF THRIKARIPUR SRO
Exhibit-P2 THE TRUE COPY OF THE BASIC TAX RECEIPT
DATED 08/05/2020 ISSUED BY THE 3RD
RESPONDENT
Exhibit-P3 TRUE COPY OF THE APPLICATION UNDER THE
RIGHT TO INFORMATION ACT 2005 SUBMITTED
BY THE SON-IN-LAW OF THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED
10.08.2022
Exhibit-P4 THE TRUE COPY OF THE REPLY OF THE RIGHT
TO INFORMATION ACT 2005 AS
NO.401125/GGRI12/GENERAL/2022/5268/(1)
DATED 27.08.2022 ISSUED BY THE 1ST
RESPONDENT
Exhibit-P5 THE TRUE COPY OF THE GENERAL BUILDING
PERMIT NO. SC3-BA(69516)2021 2021 DATED
16/3/2021 ISSUED TO THE PETITIONER BY THE
1ST RESPONDENT
Exhibit-P6 TRUE COPY OF THE ORDER. NO.
401125/BAUV04/GENERAL/2021/3226/(2) DATED
10.03.2022 ISSUED BY THE 1ST RESPONDENT
Exhibit-P7 TRUE COPY OF THE APPLICATION UNDER THE
RIGHT TO INFORMATION ACT 2005 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 27.01.2022
Exhibit-P8 TRUE COPY OF THE REPLY
NO.RDOKHD/5815//2021-F2 DATED 18.02.2022
OF THE 4TH RESPONDENT
Exhibit-P9 THE TRUE COPY OF THE REPLY DATED
25.03.2022 ISSUED BY THE PETITIONER TO
THE FIRST RESPONDENT
Exhibit-P10 TRUE COPY OF THE NOTICE NO.
401125/BAUV01/GENERAL/2021/2971/(1) DATED
08-04-2021
Exhibit-P11 TRUE COPY OF THE ORDER NO.
401125/BAUV04/GENERAL/2021/3226(5) DATED
05.08.2022
2025:KER:83279
Exhibit-P12 TRUE COPY OF THE ORDER NO.
401125/BAUV01/GENERAL/2022/7856(1) DATED
08.11.2022
Exhibit-P13 TRUE COPY OF THE STOP MEMO NO.155/2022/NT
DATED 8.11.2022
Exhibit-P14 TRUE COPY OF THE PHOTOGRAPHS OF THE
BUILDING CONSTRUCTED ON BASIS OF EXHIBIT-
P5
Exhibit-P15 TRUE COPY OF THE INTERIM ORDER IN
WPC.NO.12807 OF 2021 DATED 28.06.2021OF
HIGH COURT OF KERALA
Exhibit -P16 TRUE COPY OF THE LAND TAX RECEIPT NO. KL
14023301968/2025 DATED 21/04/2025 ISSUED
BY THE 3RD RESPONDENT
Exhibit -P17 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT NO.SC3-BA (46602)/2025
DATED 06.02.2025
Exhibit -P18 TRUE COPY OF THE BUILDING CERTIFICATE NO.
21012130311211 DATED 06.10.2025 ISSUED BY
THE 1ST RESPONDENT
