Disposed

K.Thampi Rajan v. State of Kerala

Kerala HC22 Jan 2016WP(C)/30743/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a rejection of a building permit. It directed the District Collector to consider the petitioner's application for land conversion under Section 3A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, within one month.

What did the court decide?

Directed the District Collector to consider and pass orders on the petitioner's application for land conversion within one month; Panchayath to act on such orders within two weeks.

K.Thampi Rajan Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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WP(C).No. 30743 of 2015 (P)

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PETITIONER :

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K.THAMPI RAJAN, S/O.M.KUMARAN, MULAKKATHARAYIL HOUSE, AGED 43 YEARS PRAYAR NORTH P.O., PIN - 690 547, PRAYAR KAYAMKULAM, ALAPPUZHA DISTRICT.

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BY ADVS.SMT.GISA SUSAN THOMAS ADV.SMT.N.LEELAMANI SMT.G.ASHWINI

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RESPONDENTS :

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STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT BUILDING THIRUVANANTHAPURAM - 695 001.

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DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA - 688 001.

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REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 121.

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AGRICULTURAL OFFICER, KRISHI BHAVAN, DEVIKULANGARA, PUTHUPPALLY P.O., KAYAMKULAM - 690 527.

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SECRETARY, DEVIKULANGARA GRAMA PANCHAYATH, PUTHUPPALLY P.O., KAYAMKULAM, ALAPPUZHA DISTRICT - 690 527.

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THE VILLAGE OFFICER, KARTHIKAPPILLY VILLAGE, ALAPPUZHA DISTRICT,

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R5 BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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R BY SR.GOVERNMENT PLEADER SRI.P.M.SANEER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 30743 of 2015 (P)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 : COPY OF SALE DEED NO.683/2013 OF SRO KAYAMKULAM

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EXT.P2 : COPY OF PROCEEDINGS NO.N4-21500/2015 DATED 23/09/2015 OF THE ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA

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EXT.P3 : COPY OF NO OBJECTION CERTIFICATE DATED 23/09/2015 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE

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EXT.P4 : COPY OF THE CERTIFICATE DATED 16.04.2015 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, DEVIKULANGARA

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EXT.P5 : COPY OF THE CERTIFICATE NO.B.786/15 ISSUED BY THE REVENUE DIVISIONAL OFFICER DATED 14/05/2015

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EXT.P6 : COPY OF THE PLAN OF THE PROPOSED SALE OFFICE AND CANOPY FOR IOC KISAN SEVA KENDRA (PETROL PUMP)

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EXT.P7 : COPY OF THE ORDER REJECTING THE BUILDING PERMIT.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

ANU SIVARAMAN, J.

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W.P.(C) No.30743 of 2015

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Dated this the 22^nd day of January, 2016

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J U D G M E N T

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The writ petitioner challenges Ext.P7 order of the fifth respondent, rejecting request for building permit. It is stated that the land belonging to the petitioner has been converted long back and that, there is no impediment to grant building permit.

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The learned counsel appearing for the fifth respondent submits that as of now, there is no permission for conversion of the land and therefore, the writ petitioner has to approach the District Collector under the amended provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Act' for short).

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It is submitted by the learned counsel appearing for the writ petitioner that an application has already been made before the District Collector in terms of Section 3A of the Act.

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In the above circumstances, this writ petition is disposed of directing the second respondent to consider and pass orders on the application filed by the petitioner, which shall be produced by the petitioner before the District Collector along with a copy of this judgment, within a period of one month from the date of receipt of a copy of this judgment. On issuance of orders by the District

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W.P.(C) No.30743 of 2015

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Collector, the petitioner shall produce the orders so obtained before the Panchayath and the Panchayath shall take action on the basis of

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the orders so produced within a period of two weeks thereafter.

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The writ petition is ordered accordingly.

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Sd/- ANU SIVARAMAN, JUDGE.

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K.Thampi Rajan v. State of Kerala

Case brief

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K.Thampi Rajan v. State of Kerala

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