Quashed

Thejaswini Co- Operative Hospital& Medical Research Centre Ltd. v. Nileshwar Municipality

Kerala HC30 Jun 2014WP(C)/9524/2014

Case brief

AI extract

What is this about?

The court quashed an order rejecting a building permit application. It held that since the land is shown as converted, the Wet Land Act may not apply, but the petitioner can seek corrections in BTR records or permission under the Kerala Land Utilization Order.

What did the court decide?

Ext.P5 (the order dated 11.6.2013 issued by the 1st Respondent) is quashed.

Thejaswini Co- Operative Hospital& Medical… — Municipal and Town Planning | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 30TH DAY OF JUNE 2014/9TH ASHADHA, 1936

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WP(C).No. 9524 of 2014 (M)

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PETITIONER(S):

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THEJASWINI CO- OPERATIVE HOSPITAL & MEDICAL RESEARCH CENTRE LTD NO.S.364, REPRESENTD BY ITS GENERAL MANAGER, NILESHWAR P.O., KASARAGOD DISTRICT.

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BY ADV. SRI.SURESH KUMAR KODOTH

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RESPONDENT(S):

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1. THE NILESHWAR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NEELESWAR P.O., KASARAGOD DISTRICT-671 314.

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2. THE TAHSILDAR,

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HOSDURG, KANHANGAD P.O., KASARAGOD DISTRICT-671 315.

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3. THE CHAIRPERSON,

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NEELESWAR MUNICIPALITY/CHAIRMAN LOCAL MONITORING COMMITTEE FOR CONVERSION OF WET LAND, PIN-671 314.

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4. THE REVENUE DIVISIONAL MANAGER,

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KASARAGOD/CHAIRMAN, DISTRICT LEVEL AUTHORIZED COMMITTEE, KANHANGAD, PIN-671 315.

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5. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM-695 001.

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R1 BY ADV. SRI.T.MADHU

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R2 TO R5 BY SPL. GOVERNMENT PLEADER SRI P K SOYUZ(REVENUE)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9524 of 2014 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : COPY OF THE SALE DEED, EXECUTED BY MUTTUMAL RAMESHAN DTD.4.3.2009.

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P2 : COPY OF THE SALE DEED BY MUTTUMAL THANKAMANI DTD.4.3.2009.

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P3 : COPY OF THE SALE DEED BY MUNEER DTD.31.12.2012.

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P3(A): COPY OF BASIC TAX RECEIPT DTD.12.4.2013.

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P4 : COPY OF THE PHOTOGRAPHS OF THE LAND.

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P5 : COPY OF THE ORDER DTD.11.6.2013 ISSUED BY THE 1ST RESPONDENT.

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P6 : COPY OF THE APPLICATION SUPPORTED BY RECOMMENDATION MADE BY THE AGRICULTURAL OFFICER.

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P7 : COPY OF THE MINUTES OF THE MEETING AND DECISION TAKEN BY THE LOCAL MONITORING COMMITTEE.

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P8 : COPY OF THE MINUTES OF THE MEETING OF THE DISTRICT LEVEL AUTHORIZED COMMITTEE HELD ON 26.8.2013.

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P9 : COPY OF THE RECOMMENDATIONS OF MINUTES OF THE MEETING OF THE DISTRICT LEVEL AUTHORIZED COMMITTEE HELD ON 26.8.2013.

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P10: COPY OF THE DECISION TAKEN BY STATE LEVEL COMMITTEE, DTD.23.11.2013.

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P11: COPY OF THE GOVERNMENT ORDER DTD.9.12.2013.

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P12: COPY OF THE REPRESENTATION DTD.9.1.2014.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A TO JUDGE

LSN

W.P.C.No. 9524 OF 2014

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A.M.SHAFFIQUE,J.

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Dated this the 30^th day of June, 2014

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J U D G M E N T

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-------------------

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Petitioner has approached this Court complaining that

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the building permit has been rejected on the ground that the property is included as paddy land/wet land as per the draft Data Bank particulars available in the locality. The learned Government Pleader on instructions would submit that the property is shown as converted land. In that view of the matter, the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008 may not be applicable. However if the petitioner wants to make corrections in the BTR records or to obtain permission under clause (6) of the Kerala Land Utilization Order, it is open for the petitioner to approach the said authorities in accordance with the procedure prescribed.

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Under these circumstances as matters stand now, Ext.P5 is quashed and it shall be open for the petitioner to take other steps in accordance with the prescribed procedure.

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Sd/- A.M.SHAFFIQUE, JUDGE

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lsn

Thejaswini Co- Operative Hospital& Medical Research Centre Ltd. v. Nileshwar Municipality

Case brief

What is this about?

What did the court decide?

Thejaswini Co- Operative Hospital& Medical Research Centre Ltd. v. Nileshwar Municipality

Case brief

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