Disposed

V M Nazeer v. Chittattukkara Grama Panchayath

Kerala HC23 Jan 2019WP(C)/1266/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging an order threatening permit revocation. It granted liberty to approach the statutory authority and directed the petitioner to file an application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

What did the court decide?

Granted liberty to approach the statutory authority under Kerala Land Utilization Order, 1967 and Kerala Conservation of Paddy Land and Wetland Act, 2008. Directed to file application under Section 27

V M Nazeer Vs Chittattukkara Grama Panchayath — Land Acquisition | 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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WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

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WP(C).No. 1266 of 2019

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PETITIONER:

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V M NAZEER AGED 56 YEARS

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S/O MOOSA, VATHISSERIL, NEENDOOR, VADAKKEKKARA P.O., PARAVUR, ERNAKULAM-683522.

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENTS:

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1 CHITTATTUKKARA GRAMA PANCHAYATH

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ERNAKULAM -683522. REP. BY ITS SECRETARY.

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2 THE TAHSILDAR

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TALUK OFFICE, PARAVUR, ERNAKULAM-683513.

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3 THE VILLAGE OFFICER VADAKKEKKARA VILLAGE, ERNAKULAM-683522.

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4 THE AGRICULTURAL OFFICER CHITTATTUKKARA GRAMA PANCHAYATH, ERNAKULAM-683522.

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5 ADDL. R5. REVENUE DIVISIONAL OFFICER, FORT KOCHI. ---------------------------------------ADDITIONAL R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 23/01/2019 IN WPC.

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BY ADV.

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R2 TO R5 – SR.GP,SRI.P.M.MANOJ R1- SRI.T.K.AJITHKUMAR(VALATH)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1266 of 2019

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JUDGMENT

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Petitioner is the owner of an extent of 2.02 Ares of

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property situate in Sy.No.408/13 of Vadakkekkara Village, Paravur Taluk, Ernakulam District. Petitioner has secured a building permit from the Secretary of the 1^st respondent

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Grama Panchayat, and according to the petitioner, construction was completed. Thereafter, on the basis of suitable applications filed by the petitioner, occupancy was issued, building was numbered, and the tax was assessed also. In order to establish the same, petitioner has produced Ext.P7 file extract of the 1^st respondent Grama Panchayat. While so, now Ext.P8 was issued by the Secretary of the Grama Panchayat, informing the petitioner that the construction was carried out by the petitioner in a property included in the Village records and BTR as 'paddy field'. Thereupon, it is directed that unless and until petitioner produce the necessary orders from the statutory authority, action will be taken to revoke the permit granted to the petitioner. It is thus challenging Ext.P8

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and seeking other consequential reliefs this writ petition is filed.

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I have heard learned counsel for the petitioner

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and the learned Senior Government Pleader as well as the

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Standing Counsel appearing for the 1^st respondent Panchayat,

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WP(C).No. 1266 of 2019 3

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and perused the pleadings and the documents on record.

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The issue raised in this writ petition, revolves around Ext.P8 order dated 10.1.2019 passed by the Secretary of the 1^st respondent Panchayat. The discussion of the facts made above would make it clear that, petitioner carried out construction of a building on account of the permit secured from the Secretary of the Panchayat. According to the petitioner, in all respects, the proceedings pertaining to Ext.P1 building permit is completed and the Panchayat has issued necessary occupancy as well as numbering of the building was done, tax was also received.

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In that view of the matter, I think it is only

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appropriate that petitioner is granted with the liberty to approach the statutory authority, in accordance with the provisions of the Kerala Land Utilization Order, 1967 and the provisions of the Kerala Conservation of Paddy Land

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and Wetland Act, 2008 (for short, 'the Act, 2008').

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According to learned counsel for the petitioner, and the learned counsel appearing for the Panchayat, the property in question is not included in the data bank constituted as per the provisions of the Act, 2008.

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Learned Senior Government Pleader pointed out

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that, necessarily application will have to be considered under Section 27A of the Act, 2008 as amended by the Act,

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WP(C).No. 1266 of 2019 4

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Therefore, the writ petition is disposed of, leaving

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open the liberty of the petitioner to file a suitable application before the additional 5^th respondent, who is suo motu impleaded in the writ petition, within three weeks from the date of receipt of a copy of this judgment, and if received, a final decision shall be taken by the additional 5^th respondent, at the earliest possible, and at any rate, within three months from the date of receipt of application in the proper format, applying the principles and stipulations contained under Section 27A of the Act, 2008 amended by Act, 2018, since, the proposed application is after the appointed day ie. 30.12.2017, on which date, the amended provisions of the Act, 2008 came into force. Petitioner is also directed to produce a copy of this writ petition along with the documents before the additional 5^th respondent for appropriate action.

Sd/-

SHAJI P.CHALY

JUDGE

ska 23.1.19

WP(C).No. 1266 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY 19.12.2015.	OF	THE BUILDING PERMIT DATED
EXHIBIT P2	THE TRUE COPY 7481069 DATED	OF 05	THE TAX RECEIPT NO. .10.2018.
EXHIBIT P3	THE TRUE COPY RESPONDENT.	OF	THE LOCATION SKETCH OF 3RD
EXHIBIT P4	THE TRUE COPY 2.11.18 OF THE	OF 4	THE CERTIFICATE DATED TH RESPONDENT.
EXHIBIT P5	THE TRUE COPY	OF	PHOTOGRAPH.
EXHIBIT P6	THE TRUE COPY OF THE 1ST RES	OF PO	THE RECEIPT DATED 12.10.18 NDENT.
EXHIBIT P7	THE TRUE COPY EXTRACT WITH N RESPONDENT.	OF O.	RELEVANT PAGES OF THE FILE C2/8270/2018 OF THE 1ST
EXHIBIT P8	THE TRUE COPY CHITTATTUKARA 10.1.19.	OF GR	THE ORDER ISSUED BY THE AMA PANCHAYATH DATED
EXHIBIT P9	THE TRUE COPY DATED 13/12/20	OF 18	THE ORDER OF ASSESSMENT
EXHIBIT P10	THE TRUE COPY ASSISTANT ENGI PANCHAYATH.	OF NE	THE ENQUIRY REPORT OF ER, CHITTATTUKKARA GRAMA
EXHIBIT P11	THE TRUE COPY 13/12/2018 OF	OF TA	DEMAND NOTICE DATED HSILDAR, PARAVUR.
EXHIBIT P12	THE TRUE COPY 28/12/2018 VAD	OF AK	THE TAX RECEIPT DATED KEKKARA VILLAGE.

V M Nazeer v. Chittattukkara Grama Panchayath

Case brief

What is this about?

What did the court decide?

V M Nazeer v. Chittattukkara Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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