Disposed
Joseph @ John v. the State of Kerala
Kerala HCWP(C)/4558/2018
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 19TH DAY OF JULY 2018 / 28TH ASHADHA, 1940
WP(C).No. 4558 of 2018
PETITIONER
JOSEPH @ JOHN AGED 68,S/O. ANTHONY, VEMPLIYATH HOUSE, NEAR PANAPPILLY COLLEGE POTTA P.O, CHALAKUDY TALUK, THRISSUR DISTRICT.
BY ADV.SRI.N.L.BITTO
RESPONDENTS:
1. THE STATE OF KERALA
2. THE KODASSERY GRAMA PANCHAYAT
3. AGRICULTURAL OFFICER
4. THE REVENUE DIVISIONAL OFFICER, THRISSUR DISTRICT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4558 of 2018 (T)
APPENDIX
| PETITION | ER(S)' | EXHIBITS |
|---|---|---|
| EXHIBIT |
P1 |
A TRUE COPY OF THE ASSIGNMENT DEED NO. 4783 OF 2012 DATED 18/09/2012 OF CHALAKUDY SRO |
| EXHIBIT |
P2 |
A TRUE COPY OF THE BASIC TAX RECEIPT NO 6856614 DATED 10/4/2017 OF KODASSERY VILLAGE |
| EXHIBIT |
P3 |
A CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN KODASSERY DATED 6/2/2018 |
| EXHIBIT |
P4 |
A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18/12/2017 ISSUED FROM THE KODASSERY GRAMA PANCHAYATH |
| EXHIBIT |
P5 |
A TRUE COPY OF THE RELEVANT PAGE KERALA GOVERNMENT ORDINANCE DATED 30/12/2017 |
| EXHIBIT |
P6 |
A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 29/1/2018 |
| EXHIBIT |
P7. |
A TRUE COPY OF THE CLAUSE 6 APPLICATION FILED BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT DTED 21/6/2018. |
RESPONDENTS(S)' EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
SHAJI P. CHALY, J.
W.P.(C). No. 4558 OF 2018
Dated this the 19th day of July, 2018
JUDGMENT
According to petitioner, petitioner is the owner of an extent of 10 cents of property situated in Survey No. 592/1 of Kodassery Village in which the petitioner intended to construct a residential building. The case of the petitioner is that the said property is not included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. But in the revenue register as well as in the BTR, property is shown as Nilam. As per the latest notification issued by the State Government dated 30.12.2017, petitioner is entitled for building permit as the property is not included in the data bank and having only an extent of 10 cents. However, the application submitted by the petitioner for building permit was rejected by the Panchayat, as per Ext.P6, dated 29.01.2018 stating that
W.P.(C). No. 4558 of 2018
2
the Panchayat is unable to decipher whether the property was filled up by the petitioner prior to the introduction of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and therefore, the petitioner was directed to make suitable application before the Authority in accordance with the Ordinance, dated 30.12.2017. While the writ petition was pending before this Court, petitioner has now submitted Ext.P7 application before the District Collector, apparently under Section 6(2) of the Kerala Land Utilisation Order, 1967. In my considered view by attaining a finality to Ext.P7, the other problems faced by the petitioner can be rectified.
W.P.(C). No. 4558 of 2018 3
submission made by the petitioner that the property is not included in the data bank. Since Ext.P7 is submitted by the petitioner before the District Collector, Thrissur, there will be a direction to the additional fourth respondent to ensure that the said document is received from the District Collector and pass appropriate orders, in accordance with the directions contained above. Petitioner is also directed to produce a copy of this writ petition along with appended documents before the additional fourth respondent. If the petitioner is able to succeed in Ext.P7 as is directed above, there will be a direction to the Secretary of the second respondent to consider the application for building permit submitted by the petitioner de hors the findings contained under Ext. P6 and in accordance with law.
The writ petition is disposed of, accordingly.
Sd/- SHAJI P. CHALY JUDGE
DCS
JOSEPH @ JOHN
THE STATE OF KERALA
THE KODASSERY GRAMA PANCHAYAT
AGRICULTURAL OFFICER
REVENUE DIVISIONAL OFFICER, THRISSUR DISTRICT
SHAJI P. CHALY
As recorded by the court registry
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