Disposed

Sunil George v. Mulavukadu Grama Panchayath

Kerala HC3 Jul 2018WP(C)/15595/2018

Case brief

AI extract

What is this about?

Petitioner constructed a building on property and secured a permit, but was served a show-cause notice as the land was marked as nilam (water) in revenue records. The court directed the Panchayat to finalize proceedings by considering a recent report from the Agricultural Officer classifying the land as dry land.

What did the court decide?

Directed the Panchayat to finalize proceedings regarding the show-cause notice within two weeks, considering the Agricultural Officer's report dated 2.6.2018.

Sunil George Vs Mulavukadu Grama Panchayath — Property and Title | Kerala HC (2018)

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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 SHAJI P.CHALY

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TUESDAY, THE 3RD DAY OF JULY 2018 / 12TH ASHADHA, 1940

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WP(C).No. 15595 of 2018

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PETITIONER :

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SUNIL GEORGE, AGED 57, S/O. P.T GEORGE, PANDARAPARAMBIL VEEDU, MULAVIKADU, ERNAKULMA-682 504.

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BY ADV.SRI.PRAVEEN K. JOY

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RESPONDENTS :

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1. MULAVUKADU GRAMA PANCHAYATH, MULAVUKADU P.O., ERNAKULAM-682 504. REP. BY ITS SECRETARY.

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2. THE SECRTARY, MULAVUKADU GRAMA PANCHAYATH, MULAVUKADU P.O., ERNAKULAM-682 043.

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BY ADVS.SRI.ABRAHAM P.GEORGE

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SMT.M.SANTHY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15595 of 2018 (Y)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	THE TRUE COPY OF THE DATED 21-04-2018.	TAX RECEIPT NO.7461567
EXHIBIT P2	THE TRUE COPY OF THE DATED 21-04-2018	TAX RECEIPT NO.7461566
EXHIBIT P3	THE TRUE COPY OF THE THE VILLAGE OFFICER, RESPONDENT.	LETTER DATED 04-05-208 OF MULAVUKADU TO THE 2ND
EXHIBIT P4	THE TRUE COPY OF THE	CERTIFICATE DATED 23-11-2017.
EXHIBIT P5	THE TRUE COPY OF THE 13-04-2018 OF 1ST RE	DEVELOPMENT PERMIT DATED SPONDENT
EXHIBIT P6	THE TRUE COPY OF THE 1ST RESPONDENT.	ORDER DATED 04-05-2018 OF
EXHIBIT P7	THE TRUE COPY OF THE VILALGE OFFICER MULA	THANDAPER REGISTER NO.7066 OF VUKADU DATED 30.1.2018
EXHIBIT P8	THE TRUE COPY OF THE VILLAGE OFFICER MUVA	TAHNDAPER REGISTER NO.7987 OF LUKADU DATED 30.1.2018
EXHIBIT P9	THE TRUE COPY OF THE THE VILLAGE OFFICER,	LOCATION SKETCH WITH NO.1792/17 OF MULAVUKADU DATED 19.12.2017
EXHIBIT P10	THE TRUE COPY OF THE COMPOUND WALL	PHOTOGRAPH OF THE PLOT WITH GATE AND
EXHIBIT P11	THE TRUE COPY OF THE PROPERTY SIGNED BY A DATED 18.1.2012	FIELD MEASUREMENT PLAN OF THE DDITIONAL TAHSILDAR, KANAYANNUR
EXHIBIT P12	THE TRUE COPY OF THE UNDER THE KERALA PAN PERMIT NO.A3-TBA(697	SKETCH APPROVED BY THE PANCHAYATH CHAYATH BUILDING RULES FOR THE 39)/2018 DATED 12.4.2018
EXHIBIT P13	THE TRUE COPY OF THE 2ND RESPONDENT	COMMUNICATION DATED 20.4.2018 OF THE
EXHIBIT P14	THE TRUE COPY OF THE 2ND RESPONDENT	OBJECTION DATED 7.5.2018 BEFORE THE
EXHIBIT P15	THE TRUE COPY OF THE SURRENDER OF 7 CENTS	APPLICATION UNDER FORM A RULE 3 FOR OF LAND BY THE PETITIONER

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WP(C).No. 15595 of 2018 (Y)

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R1(A) TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT ISSUED TO THE PETITIONER DATED 13.4.2018

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EXHIBIT R1(B) TRUE PHOTOCOPY OF THE REPORT OF THE AGRICULTURAL OFFICER, MULAVUKAD DATED 21.4.2018

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EXHIBIT R1(C) TRUE PHOTOCOPY OF THE REPORT OF THE ASSISTANT ENGINEER, LSGD SECTION, MULAVUKAD GRAMA PANCHAYAT

TRUE COPY

P.S. TO JUDGE

4.7.2018

SHAJI P.CHALY, J.

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========================

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W.P.(C) No.15595 of 2018

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======================== Dated this the 3^rd day of July 2018

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JUDGMENT

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Petitioner is the owner of property having an extent of 2.81 Ares in Sy.No.204/15, 3.20 Ares in Sy.No.205/14 and 9.71 Ares in Sy.No.204/6-3 of Mulavukadu Village, Ernakulam District. Petitioner has secured Ext.P5 permit from the Mulavukad Grama Panchayat for construction of a building. According to the petitioner, the construction was completed and thereupon petitioner was served with Ext.P6 show cause notice asking to show cause why action shall not be initiated against the petitioner, since the property is included in the revenue records as nilam. These are the backgrounds facts projected by the petitioner in order to secure the relief sought for in the writ petition.

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A detailed counter affidavit is filed by the respondents 1 and 2 refuting the allegations and claims and demands raised by the petitioner. Petitioner has also filed a reply affidavit reiterating the stand adopted in the writ petition and refuting

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W.P.(C) No.15595 of 2018

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the contentions raised by the Panchayat.

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Matters being so, the learned Counsel for the Panchayat has produced an order dated 2.6.2018, issued by the Agricultural Officer, Krishi Bhavan, Mulavukad stating that the property concerned is not included in the data bank and further that the same is remaining in the revenue records as dry land.

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Therefore, learned Standing Counsel for the Panchayat submitted that the issue raised by the Panchayat with respect to Ext.P6 will be taken into account, after hearing the petitioner also.

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Therefore, there will be a direction to the Panchayat to finalise the proceedings pertaining to Ext.P6, at the earliest possible time, and at any rate within two weeks from the date of receipt of a copy of this judgment, taking into account the communication received by the Panchayat from the Agricultural Officer dated 2.6.218.

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The writ petition is disposed of accordingly.

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sd/

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SHAJI P.CHALY JUDGE

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jm/

Sunil George v. Mulavukadu Grama Panchayath

Case brief

What is this about?

What did the court decide?

Sunil George v. Mulavukadu Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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