Allowed

P.Venugopal v. the Secretary, Kollengode Gramapanchayat

Kerala HC5 Dec 2017WP(C)/2926/2017

Case brief

AI extract

What is this about?

Petitioner challenged rejection of building regularization request due to claims of wetland classification. Court per survey reports declared land not wetland/paddy, ordered exclusion from Land Data Bank under 2008 Act, and directed authorities to regularize land use and grant building permit.

What did the court decide?

Land declared not wetland/paddy; excluded from Land Data Bank; Certificate to be issued; Building permit to be granted upon compliance.

P.Venugopal Vs the Secretary, Kollengode Gramapanchayat — Land Acquisition | Kerala HC (2017)

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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.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939

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WP(C).No. 2926 of 2017 (M)

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PETITIONER :

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P.VENUGOPAL, AGED 68 YEARS, S/O. BALAKRISHNAN NAIR, RESIDING AT REVATHI, PAYYALLOORMUKKU, KOLLENGODE, PALAKKAD-670 506.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH

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RESPONDENT(S):

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1. THE SECRETARY, KOLLENGODE GRAMA PANCHAYATH, KOLLENGODE, PALAKKAD-678 506.

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2. THE KOLLENKODE GRAMA PANCHAYATH, KOLLENGODE, PALAKKAD-678 506. REPRESENTED BY ITS SECRETARY.

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*ADDL.R3 IMPLEADED

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*ADDL.R3: THE CHAIRMAN,

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LOCAL LEVEL MONITORING COMMITTEE, KOLLENGODE GRAMA PANCHAYAT, KOLLENGODE, PALAKKAD-678 506.

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*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 14/2/2017 IN IA.NO.2277/2017.

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**ADDL.R4 IMPLEADED

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*ADDL.R4: THE REVENUE DIVISIONAL OFFICER,

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KOLLENGODE, PALAKKAD.

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**ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 5/12/2017

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R1 & R2 BY SRI.SYAM J. SAM, SC, R3 & ADDL.R4 BY GOVT PLEADER SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 2926 of 2017 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 13.8.2015.

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EXHIBIT P2 TRUE COPY OF THE PERMIT ISSUED BY THE RDO DATED 31.5.2016. EXHIBIT P3 TRUE COPY OF THE REGULARIZATION PLAN AND DETAILS OF RESIDENTIAL BUILDING. EXHIBIT P4 TRUE COPY OF THE SITE PLAN.

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EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3.11.2016 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

A.K.JAYASANKARAN NAMBIAR, J.

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******************************************************************* W.P.(C) No.2926 of 2017**

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******************************************************************* Dated this the 5**^th day of December, 2017

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J U D G M E N T

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The petitioner is stated to be in absolute ownership and possession of 90 cents of land in RS.Nos.39/4, 39/5, 37/1, 37/4 and 37/7 in Ward No.17 of Kollengode Panchayath. In the writ petition, the petitioner is aggrieved by the rejection by the respondent Panchayat of a request for regularisation of the building put up by him on the ground that the construction put up by the petitioner was beyond the permissible extent of 10 cents as per the provisions of the Circulars issued by the Government under the Kerala Land Utilisation Order.

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When the matter came up for admission, this Court had called for the report from the Local Level Monitoring Committee (hereinafter referred to as 'LLMC') as regards the nature of the land belonging to the petitioner. A report dated 31.08.2017 has since been filed by the Director of the Kerala State Remote Sensing and Environment Centre (KSREC), and on the basis of the same, the LLMC has also submitted a report indicating that the land in question is not a wet land, and cannot be included in the land data bank, and further, there are no paddy lands in the near vicinity of the land of the petitioner. Taking note of the said report filed by the

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W.P.(C). No.2926 of 2017

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LLMC, and finding that the land belonging to the petitioner cannot be classified as paddy land or wetland for the purposes of inclusion in the Land Data Bank, the writ petition is disposed,

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(i) by declaring that the land of the petitioner situated in RS.Nos.39/4, 39/5, 37/1, 37/4, and 37/7 in Ward No.17 of Kollengode Panchayath, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the 2008 Act.

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(ii) The additional 3^rd respondent is directed to exclude the said land of the petitioner from the Land Data Bank. If the data bank is at the draft stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised, and notified through publication in Gazette, then the additional 3^rd respondent shall issue a corrigendum notification showing the exclusion of the land from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the additional 3^rd respondent shall, after excluding the land from the data bank, issue a certificate to the petitioner within a week from the date of receipt of a copy of this judgment, certifying that the land in question has been excluded from the data bank. The petitioner can utilise the said certificate for approaching the additional 4^th respondent Revenue Divisional Officer, Kollengode, Palakkad, under Clause 6 of the Kerala Land Utilisation Order [hereinafter referred to as the 'KLU Order'] for getting permission to utilise the land for other

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W.P.(C). No.2926 of 2017

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purposes. The additional 4^th respondent shall pass orders in an application submitted by the petitioner within one month from the date of receipt of the said application from the petitioner.

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(iii) The 1^st respondent Panchayat shall, on the petitioner producing the certificate issued by the LLMC, as also the order passed by the additional 4^th respondent under the KLU Order, consider the application submitted by the petitioner for building permit, afresh, in the light of the said certificate and de hors the description of the property in the Basic Tax Register. The 1^st respondent Panchayat shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the additional 4^th respondent under the KLU Order.

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(iv) The petitioner shall, on receipt of the certificate from the LLMC, and the order permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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nkr/06.12.2017

P.Venugopal v. the Secretary, Kollengode Gramapanchayat

Case brief

What is this about?

What did the court decide?

P.Venugopal v. the Secretary, Kollengode Gramapanchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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