Allowed

Manseera.P.P., v. the State of Kerala

Kerala HC14 Feb 2019WP(C)/1154/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a building permit for 800 sq. ft. on 2.43 acres of paddy land. The High Court, interpreting Section 27A(6) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (as amended by Act, 2018), held that the exemption limits were satisfied. The court directed the Municipality to reconsider the application within a month.

What did the court decide?

Directed the Secretary of the Municipality to reconsider the building permit application within one month after providing an opportunity of hearing to the petitioner.

Manseera.P.P., Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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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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THURSDAY, THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

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WP(C).No. 1154 of 2019

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PETITIONER/S:

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MANSEERA.P.P., AGED 25 YEARS (AADHAR NO.4816 1443 5990) D/O.MAYIN K., W/O.FAYIZ M.K., PUTHIYAPURAYIL HOUSE, PARAPPIN MOTTA, POST KAKKAD, KANNUR DISTRICT, PIN- 670005.

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BY ADVS. SRI.MANJERI SUNDERRAJ SRI.A.SANOOJ

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RESPONDENT/S:

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1 THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR, PIN- 670001. 2 THE KANNUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KANNUR, PIN- 670001. 3 THE TAHSILDAR, KANNUR THALUK, OFFICE, KANNUR, PIN- 670001. 4 THE VILLAGE OFFICER, ELAYAVOOR, KANNUR THALUK, KANNUR, PIN- 670001. R4 BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SMT.NAMITHA NAMBIAR SMT.S.AMBILY SMT.VANIAH MARIA DOMINIC SRI.SAJI THOMAS R1, R3 & R4 BY SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1154 of 2019 2

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JUDGMENT

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Petitioner is the power of attorney holder

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of her husband, who is the owner of an extent of

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2.43 Ares of property situate in Re.Sy.No.11/173, Block No.221 of Elayavoor

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Village, Kannur District.

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According to the petitioner, an

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application was submitted before the Secretary of the 2^nd respondent Municipality seeking issuance of building permit as early as on 07.01.2017, but no decision is taken by the Secretary till date.

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I have heard learned counsel for the

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petitioner, leaned Government Pleader as well as learned Standing Counsel appearing for the Municipality and perused the pleadings and the documents on record.

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Learned Standing Counsel submitted that, in fact, the permit was rejected on 20.10.2018, on the reason that the property of the petitioner is situated in a paddy field and thereupon, unless and until, petitioner secures necessary orders from the statutory authority, no permission can be granted.

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WP(C).No. 1154 of 2019 3

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Be that as it may, Section 27A is brought

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into the Kerala Conservation of Paddy Land and Wet Land Act, 2008, on and with effect from 30.12.2017, whereby, Section 27A(6) deals with certain category of property included in the data bank for construction of buildings, which read thus:

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“27A. Change of nature of unnotified land.-(1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed

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(6) No permission under this section shall be necessary for construction a residential building having a maximum area of 120 square meters situated in a maximum extent of 4.04 ares of land or a commercial building having a maximum area of 40 square meters situated in a maximum extent of 2.02 ares of land:

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Provided that the construction of a housing complex or complexes or flats or multi-storied residential complexes shall not come within the meaning of

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WP(C).No. 1154 of 2019 4

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residential building specified in this sub-section:

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Provided further that this

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exemption shall be granted only once.

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In my considered view, in view of the

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changed circumstances and the extent of the property held by the petitioner and the requirement of the petitioner to construct an 800 square feet building, it may be legally sustainable even without securing an order from

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the statutory authorities under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, or the Kerala Land Utilization Order, 1967.

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Therefore, there will be a direction to the Secretary of the Municipality to reconsider the building permit application submitted by the petitioner, bearing in mind, the stipulations contained under Section 27A(6) of Act, 2008, as amended by Act, 2018, at the earliest possible and at any rate, within a month from the date of

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receipt of a copy of this judgment, after providing an opportunity of hearing and participation to the petitioner.

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WP(C).No. 1154 of 2019 5

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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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uu 14.02.2019

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WP(C).No. 1154 of 2019 6

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	TRUE COPY OF THE POWER ATTORNEY BY FAYIZ M.K. TO THE PETITIONER WIFE MANSEERA P.P DATED 5TH JULY 2018.
EXHIBIT	P2	TRUE COPY OF REGD. ASSIGNMENT DEED DATED 17.11.2015 BY MS. RUBEENA WIFE AND POWER OF ATTORNEY AGENT OF HUSBAND ABDUL RAHEEM, TO THE PETITIONER'S HUSBAND.
EXHIBIT	P3	TRUE COPY OF THE POSSESSION CERTIFICATE NO.34750244 DATED 18.08.2018 ISSUED BY THE ELAYAVOOR VILLAGE OFFICER TO FAYIS M.K.
EXHIBIT	P4	TRUE COPY OF THE LAND TAX RECEIPT NO.KL1 3020902635/2018 DATED 16.08.2018 FOR RS.49/- FOR 2018-19 ISSUED BY ELAYAVOOR VILLAGE TO FAYIZ M.K.
EXHIBIT	P5	TRUE COPY OF THE BUILDING SKETCH.
EXHIBIT	P6	TRUE COPY OF THE RECEIPT NO.72/2017 DATED 07.01.2017, FEE FOR THE APPLICATION FOR BUILDING PERMIT KANNUR MUNICIPALITY.
EXHIBIT	P7	TRUE COPY OF THE RECEIPT FROM KANNUR MUNICIPALITY FOR RS.65/- TOWARDS FEE FOR GRANT OF BUILDING PERMIT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Manseera.P.P., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Manseera.P.P., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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