Petitioner challenged the Panchayath refusal to number a shed due to revenue description as wet land. Court held that a floor conversion application should not bar numbering if rules require petitioner to approach appropriate authority first.
Ext.P4 set aside; Panchayath directed to re-consider numbering application under Kerala Panchayath Building Rules, 2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939
WP(C).No. 3148 of 2017 (P)
PETITIONER :
GIGI MATHEW, CHUDUKATTIL HOUSE, CHEKKIDIKADU P.O, ALAPUZHA -689 573.
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
3. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM -695 001..
4. DIRECTOR OF PANCHAYATH, PANCHAYATH DIRECTORATE, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM -695 001.
5. DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR, ALAPUZHA -688 001.
6. THAKAZHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
THAKAZHI GRAMA PANCHAYATH, THAKAZHI, PIN 688 562.
7. REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
ALAPUZHA -688 001.
2/-
-2-
WP(C).NO.3148/2017
8. AGRICULTURAL OFFICER, KRISHI BHAVAN, THAKAZHI- 688 562.
9. EXECUTIVE ENGINEER, PWD ROADS SECTION, ALAPUZHA -688 001.
R1 TO R5 & R7 TO R9 BY GOVT PLEADER SMT. RAJI T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 3148 of 2017 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. COPY OF THE SALE DEED NO.544/15 OF AMBALAPUZHA SRO.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K. VINOD CHANDRAN, J.
====================== W.P.(C) No.3148 of 2017 - P
=========================== Dated this the 06th day of June, 2017
Judgment
The petitioner is aggrieved with Ext.P4 order
passed by the Panchayath. The petitioner sought for numbering of a shed, which was existing in the property of the petitioner. The Panchayath declined the same for reason of the property being described as “nilam” in the revenue records. The Panchayath directed the petitioner to either get an order of conversion of user from the District Collector or an order under Section 3A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act').
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W.P.(C) No.3148 of 2017 - N
new bridge, the bus stand had to be shifted temporarily and
the petitioner's land was filled up by the PWD as per Ext.P2
agreement. At that point of time, there was also a temporary shed constructed by the PWD. Later, bus stand was shifted to a permanent location and the temporary shed remained in the property. It is this temporary shed, that is sought to be numbered by the petitioner.
petitioner, this Court directed the Local Level Monitoring Committee (LLMC) to conduct a physical inspection and file report. The Agricultural Officer, who is the Convenor of the LLMC has produced the extracts of the draft Data Bank and has reported that the subject land is not included in the draft Data Bank prepared for the area. The report of physical inspection is also placed on record. 4.05 Ares owned by the petitioner is said to be a converted land with a shed of tin sheet erected in the property. The Agricultural
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W.P.(C) No.3148 of 2017 - N
Officer reports that the property is not a wet land or a paddy land and there is no cultivation possible.
approach the appropriate authority under Clause (6) of the Kerala Land Utilisation Order, 1967 for conversion of user as declared in Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182]. On such application being filed, necessarily, the District Collector/Revenue Divisional Officer will have to allow it since the land has been converted long back by the PWD and on conversion being permitted, the petitioner would have to approach the appropriate authority for fresh assessment in accordance with Kizhakkambalam Grama Panchayath V. Mariumma - 2015(2) KLT 516 .
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W.P.(C) No.3148 of 2017 - N
it in accordance with the Kerala Panchayath Building Rules,
2011 and if necessary under Rules 134 and 135 of the Rules.
The writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE
SB/06/06/2017
//True Copy//
P.A. To Judge
2 issues framed by the court
Whether the Panchayath is barred from numbering a shed when the applicant approaches the collector for conversion of land under Clause 6 of the Land Utilisation Order.
Whether the petitioner can approach the collector for conversion of user before the Panchayath disallows the numbering application.
Colour shows how this judgement treated each authority
Puthan Purakkal JosephExplained¶57
Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182]
Kizhakkambalam Grama PanchayathExplained¶57
Kizhakkambalam Grama Panchayath V. Mariumma - 2015(2) KLT 516
4 provisions across 4 enactments
GIGI MATHEW
STATE OF KERALA
SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT
SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT
DIRECTOR OF PANCHAYATH
THAKAZHI GRAMA PANCHAYATH
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
