Allowed

Sheeba Viswanathan v. the State of Kerala

Kerala HC6 Nov 2019WP(C)/22053/2019

Case brief

AI extract

What is this about?

The Court held that since the petitioner holds an order under the Kerala Land Utilization Order, no further order under the Paddy Land Act is needed. The Panchayat is directed to reconsider the application and grant the building permit within one month without waiting for reassessment, while the petitioner is ordered to apply for property reassessment before the Tahsildar.

What did the court decide?

Directed the Secretary of the respondent Grama Panchayat to reconsider and grant the building permit within one month, without waiting for property reassessment; directed the petitioner to apply for r

Sheeba Viswanathan Vs the State of Kerala — Land Acquisition | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

¶5

WP(C).No.22053 OF 2019(F)

¶6

PETITIONER/S:

¶7

SHEEBA VISWANATHAN

¶8

AGED 46 YEARS K. V. VISWANATHAN, RESIDING AT MADHAVALAYAM, NELLICODE P.O., KOZHIKODE, PIN - 673 016.

¶9

BY ADV. SRI.MUDASSER AHAMED

¶10

RESPONDENT/S:

¶11

1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE COLLECTORATE, CIVIL STATION P.O., KOZHIKODE, PIN - 673 020.

¶12

2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER KOZHIKODE, CIVIL STATION P.O., KOZHIKODE,PIN - 673 020.

¶13

3 THE TAHSILDAR KOZHIKODE TALUK, CIVIL STATION P.O., KOZHIKODE,PIN - 673 020.

¶14

4 THE VILLAGE OFFICER, KAKKODI VILLAGE, KOZHIKODE, PIN - 673 611.

¶15

5 THE SECRETARY KAKKODI MORIKKARA GRAMA PANCHAYATH, P.O. KAKKODI, KOZHIKODE, PIN - 673 611.

¶16

BY ADV. SRI.VINOD SINGH CHERIYAN BY ADV. SRI.T.M.KHALID BY ADV. SMT.K.P.SUSMITHA

¶17

OTHER PRESENT:

¶18

SMT.AMMINIKUTTY-SR.GP

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No.22053 OF 2019(F)

¶21

¶22

J U D G M E N T

¶23

The petitioner has approached this Court impugning Ext.P6 order issued by Kakkodi Morikkara Grama Panchayat, rejecting her application for building permit solely for the reason that, in the Possession Certificate, the nature of her property has been shown to be 'Nilam'.

¶24

According to the petitioner, she has already obtained Ext.P2 order from the Revenue Divisional Officer (RDO for short) under the provisions of the Kerala Land Utilization Order (KLU Order for short) and therefore, that Ext.P6 is untenable in law. The petitioner, therefore, prays that Ext.P6 be set aside and the respondent - Panchayat be directed to reconsider her application in terms of law, particularly because they have already given Ext.P4 building permit in the year 2016, on the basis of which, she has made certain constructions and that she now only intends to make some additional constructions.

¶25

The learned Standing Counsel for the 5^th respondent - Panchayat submits that Ext.P6 has been issued solely because the nature of the property has been shown to be 'Nilam' in the Possession Certificate. She says that the petitioner must thus approach the RDO and obtain necessary orders under the Kerala

¶26

WP(C).No.22053 OF 2019(F)

¶27

¶28

Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'the Paddy Land Act' for short).

¶29

The learned Senior Government Pleader - Smt.K.Amminikutty, appearing on behalf of the official respondents, also affirms that if the petitioner's property is still shown as a 'Nilam' in the Revenue Records, then the petitioner must either invoke the provisions of the Paddy Land Act or the Kerala Land Tax Act and have the same reassessed. She says that she has nothing further to comment, because issuance of the building permit is to be decided by the Secretary of the Grama Panchayat.

¶30

When I consider the afore submissions, it is without doubt that the petitioner has already obtained Ext.P2 order under the KLU Order. Obviously, therefore, no further orders under Section 27A of the Paddy Land Act is necessary and the petitioner, at the best, will only have to now approach the Tahsildar under Section 6A of the Kerala Land Tax Act, 1961.

¶31

Resultantly, I order this writ petition and direct the Secretary of the respondent - Grama Panchayat to reconsider the petitioner's application and grant her the building permit, subject to all other requirements; however, without waiting for reassessment of the property to be completed. This shall be done by the Secretary, as

¶32

WP(C).No.22053 OF 2019(F)

¶33

¶34

expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

¶35

In the meanwhile, since the property appears to be continuing as a 'Nilam' in the Possession Certificate, it will only be to the benefit of the petitioner that she seeks necessary orders from the Tahsildar, under the Kerala Land Tax Act, 1961, for reassessment of the same and for additional entries to be made in the Basic Tax Register and Revenue Records. I, therefore, also direct the petitioner to make a suitable application before the competent Tahsildar under the provisions of the Kerala Land Tax Act within a period of one month from the date of receipt of a copy of this judgment; in which event, the said Authority will consider the same and issue appropriate orders thereon without any further delay thereafter.

¶36

I reiteratinlgy clarify that the Panchayat need not wait for completion of the reassessment of the property but will consider the petitioner's application for building permit in terms of the afore directions.

¶37

SD/-

¶38

DEVAN RAMACHANDRAN

¶39

JUDGE

¶40

¶41

WP(C).No.22053 OF 2019(F)

¶42

¶43

APPENDIX

¶44

PETITIONER'S/S EXHIBITS:

¶45

EXHIBIT P1	SALE DEED NO.341 OF 2015 OF SRO KAKKODI.
EXHIBIT P2	PROCEEDINGS OF THE 2ND RESPONDENT DATED 30.3.2013.
EXHIBIT P3	COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 22.9.2015.
EXHIBIT P4	COPY OF THE BUILDING PERMIT ISSUED BY THE 5TH RESPONDENT DATED 6.1.2016.
EXHIBIT P5	COPY OF THE POSSESSION CERTIFICATE DATED 1.8.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6	COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 6.1.2016.
EXHIBIT P7	THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 17.5.2019.
EXHIBIT P8	THE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 28.6.2019.

Sheeba Viswanathan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sheeba Viswanathan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

E.P.Pradeep Vs the Koduvayur Grama Panchayat

Saneesh Kumar, Vs the Kerala State Pollution Control Board

Kamal Vs the District Collector

Najun Nazar Vs Tahsildar

Hussainkutty Haji Vs State of Kerala

K.P.Madhavan Nair Vs State of Kerala