Allowed

Muhammed Basheer v. Edavilangu Grama Panchayat

Kerala HC19 May 2017WP(C)/4657/2017

Case brief

AI extract

What is this about?

A writ petition filed by petitioners challenging the refusal of a Grama Panchayat Secretary to accept a building permit application on the ground that the land was classified as nilam. The Court held that mere classification as nilam does not justify refusal and directed the Secretary to consider the application under relevant statutes. The Court did not decide the merits of the permit entitlement

What did the court decide?

Directed the 2nd respondent Secretary to accept the petitioners' application and consider it for building permit subject to applicable statutes and regulations.

Muhammed Basheer Vs Edavilangu Grama Panchayat — Municipal and Town Planning | 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 DEVAN RAMACHANDRAN

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FRIDAY, THE 19TH DAY OF MAY 2017/29TH VAISAKHA, 1939

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WP(C).No. 4657 of 2017 (F)

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PETITIONER(S) :

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1. MUHAMMED BASHEER, AGED 47 YEARS, S/O. ABDUL RAHIMAN, CHALINGATTU HOUSE, EDAVILANGU, KODUNGALLUR.

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2. MAIMOONA BASHEER,

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AGED 41 YEARS, W/O. ABDUL RAHIMAN, CHALINGATTU HOUSE, EDAVILANGU, KODUNGALLUR.

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BY ADVS. SRI.K.R.VINOD

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MS.JENCY SUSAN JOSE SRI.V.SRI NATH

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SRI.S.ARAVIND

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RESPONDENT(S) :

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1. EDAVILANGU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, EDAVILANGU, KODUNGALOOR,THRISSUR 680 671.

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2. THE SECRETARY, EDAVILANGU GRAMA PANCHAYAT, EDAVILANGU, KODUNGALOOR, THRISSUR 680 671.

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3. THE AGRICULTURAL OFFICER, EDAVILANGU , THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, EDAVILANGU GRAMA PANCHAYAT, EDAVILANGU, KODUNGALOOR, THRISSUR 680 671.

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R1 & R2 BY ADV. SRI.C.A.CHACKO R3 BY GOVERNMENT PLEADER SRI. S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 4657 of 2017 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 27-01-2016 ISSUED TO THE PETITIONER NO. 1.

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EXHIBIT P2 THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 27-01-2016 ISSUED TO THE PETITIONER NO. 2.

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EXHIBIT P3 THE PHOTOGRAPHS SHOWING THE PHYSICAL NATURE OF THE PROPERTIES OF THE PETITIONERS ( 2 IN NOS.).

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EXHIBIT P4 THE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 27-02-2016.

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RESPONDENT(S)' EXHIBITS :

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EXHIBIT R2(A): TRUE COPY OF CIRCULAR NO. 13105/P1/2017/RD DATED 01.03.2017.

//TRUE COPY//

P.A.TO JUDGE.

Msd.

DEVAN RAMACHANDRAN, J.

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W.P.(C)No.4657 of 2017

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Dated this the 19^th day of May, 2017

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JUDGMENT

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The petitioners have filed this writ petition alleging that even though they made application for building permit before the Secretary of the Grama Panchayat the same was not accepted or considered citing that the property in which the petitioners propose to construct is a ‘nilam’ as per the Revenue records.

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I have heard the learned counsel for the petitioners and the learned Standing Counsel for the Panchayat.

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The law relating to construction on property which is included as paddy filed or nilam in the Revenue records are now pretty well settled. It does not require restatement every now and then. This Court has already declared that the process for consideration of such applications will have to be in terms of either under the Kerala Land Utilisation Order or under the provisions of the Kerala Conservation of Paddy Land and Wetland Act and the Municipality will have to consider such applications in terms of the relevant provisions of the applicable Building Rules and the Panchayat Raj Act.

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This being so, I do not think it will be justified on the part of the Secretary of the Grama Panchayat to refuse even to

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..2..

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W.P.(C)No.4657/2017

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accept the application on the mere ground that the property on which the construction is sought to be made has been classifed as 'nilam' in the Revenue records.

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In such circumstances, I direct the 2^nd respondent Secretary to accept the application of the petitioners and consider the same for building permit subject to all applicable and relevant provisions of the various Statutes including the Kerala Land Utilisation Order, the Kerala Conservation of Paddy Land and Wetland Act, the Kerala Panchayat Raj Act and the Kerala Panchayat Building Rules.

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I clarify that I have not considered the entitlement of the petitioners for building permit on its merits and I deem it appropriate to direct the Secretary of the Panchayat to consider the same strictly in accordance with law and in terms of the applicable Statutes and Regulations.

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The writ petition is thus ordered.

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Sd/- DEVAN RAMACHANDRAN, JUDGE

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skj

Muhammed Basheer v. Edavilangu Grama Panchayat

Case brief

What is this about?

What did the court decide?

Muhammed Basheer v. Edavilangu Grama Panchayat

Case brief

What is this about?

What did the court decide?

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