Allowed

Saira v. Thodupuzha Municipality

Kerala HC16 Jul 2018WP(C)/3659/2018

Case brief

AI extract

What is this about?

The Court directed the Municipality to consider a building permit application de hors the data bank inclusion, treating the land as prior converted land. The petitioner must file under the KLU Order with the Revenue Officer.

What did the court decide?

Direction to the 2nd respondent to consider the building permit application de hors the data bank and to file an application under Clause 6(2) of the KLU Order, 1967 before the Revenue Officer within

Saira Vs Thodupuzha Municipality — Writ and Judicial Review | 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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MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

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WP(C).No. 3659 of 2018

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PETITIONER

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SAIRA, MOTHEENPARAMBIL, THODUPUZHA VILLAGE, THODUPUZHA.

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BY ADV.SRI.BINU PAUL

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RESPONDENT(S):

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1. THODUPUZHA MUNICIPALITY, THODUPUZHA PO, IDUKKI-685584, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY, THODUPUZHA MUNICIPALITY, THODUPUZHA PO, IDUKKI-685584.

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3. THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, CONSTITUTED UNDER THE KERALA PADDY LAND AND WET LAND CONSERVATION ACT 2008, THODUPUZHA MUNICIPALITY, THODUPUZHA PO, IDUKKI.685584.

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*** ADDL R4 IMPLEADED**

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4 REVENUE DIVISIONAL OFFICER, IDUKKI/THODUPUZHA.

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*** ADDL R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 16.07.2018**

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R1 TO R3 BY ADV.SRI.UNNIKRISHNAN V.ALAPPATT, SC R4 BY GOVERNMENT PLEADER SRI MANURAJ K.J.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 3659 of 2018 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 02.06.2017 ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, THODUPUZHA. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK ISSUED TO THE PETITIONER FROM THE OFFICE OF THE AGRICULTURAL OFFICER, THODUPUZHA. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION TO THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, THODUPUZHA DATED 23.10.2017 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE AGRICULTURAL OFFICER THODUPUZHA DATED 30.11.2017. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.3697 OF 2017 DATED 02.06.2017.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/ K.V. P.S.TO JUDGE 20.07.2018

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SHAJI P.CHALY, J.

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W.P.(C) No.3659 of 2018

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======================== Dated this the 16^th day of July 2018

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JUDGMENT

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According to the petitioner, petitioner submitted an application before the 1^st respondent/Secretary of the 1^st respondent Municipality, seeking permission to construct a building in the property situated in Re.Survey No.118/A of Thodupuzha Taluk, Thodupuzha Village, having a total extent of 03.64 Ares. According to the petitioner, the same is kept pending for the reason that in the data bank the property in included as converted land and therefore, the building permit cannot be granted unless petitioner secures necessary orders as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008' for short) and the Kerala Land Utilisation Order, 1967 (hereinafter referred to as 'KLU Order, 1967' for short). When this writ petition has

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W.P.(C) No.3659 of 2018

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come up for admission on 2.2.2018, this Court directed the Government Pleader to ascertain whether the land belonging to the petitioner is included in the data bank or not. Thereupon, a report is submitted before this Court, from where I could gather that the property was a paddy land, however, the same was converted during the year 2002. It is also the case of the petitioner that various buildings and structures are constructed by the nearby property owners. The issue was considered by this Court in W.P.(C)No.3697/2017 and a judgment was rendered on 2.6.2017 under similar circumstances and held that the Municipality can process the application submitted by the petitioner pending production of an order under the provisions of Clause 6 of the KLU Order, 1967. This Court has also taken into account the proposition of law laid down by this Court in Revenue Divisional Officer v. Jalaja Dileep [2015 (1) KLT 984 SC] and Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182] and the Division Bench judgment of this Court in Local Level

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W.P.(C) No.3659 of 2018

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Monitoring Committee, Kizhakkambalam Grama

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Panchayat v. Mariumma [2015 (2) KLT 516] and directed the Municipality to consider the building permit application submitted by the petitioner subject to certain riders. I am of the considered opinion that petitioner is also entitled to get the same reliefs.

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Having heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the respondents 1 and 2, there will be a direction to the 2^nd repsondent to consider the building permit application submitted by the petitioner in accordance with law, de hors, the inclusion of the same in the data bank as prior converted land. Petitioner shall also file an application under Clause 6(2) of the KLU ORder, 1967 before the additional 4^th respondent, who will consider the same in accordance with law to the same in accordance with law and attain finality at the earliest and at any rate within three months from the date of receipt of the application also after verifying the veracity made in the writ petition that the property is converted prior to the

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W.P.(C) No.3659 of 2018

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enactment of Act, 2008. Petitioner is directed to produce copy of this writ petition along with appended documents before the additional 4^th respondent. If the petitioner is able to secure the orders in accordance with the provisions of the KLU Order, 1967, the same shall be produced before the

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2^nd respondent for appropriate action.

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This writ petition is disposed of accordingly.

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Sd/

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SHAJI P.CHALY JUDGE

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jm/

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