Disposed

K.S.Biju v. State of Kerala

Kerala HC8 Nov 2019WP(C)/637/2019

Case brief

AI extract

What is this about?

The Court, noting that an RDO order removing the impugned conditions was issued while the writ petition was pending, dismissed the primary challenge as unnecessary. The Court directed the Panchayat to consider the petitioner's building permit application subject to legal conditions and ordered the petitioner to apply for reassessment in Revenue Records.

What did the court decide?

The writ petition was disposed of; the 4th respondent directed to consider the building permit application within one month; petitioner directed to apply for reassessment under Section 6A of the Keral

K.S.Biju Vs State of Kerala — Pension and Retirement Benefits | 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 DEVAN RAMACHANDRAN

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FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941

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WP(C).No.637 OF 2019(D)

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PETITIONER:

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K.S.BIJU AGED 48 YEARS S/O SUBRAMANIAN, JAYASREE NILAYAM, KANIYANKUNNU, UC COLLEGE, KADUNGALLUR VILLAGE , PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN-683102.

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BY ADV. SRI.M.G.SREEJITH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE SECRETARY DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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3 THE RDO REVENUE DIVISIONAL OFFICE, FORTKOCHI, ERNAKULAM DISTRICT, PIN-682 038.

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4 THE SECRETARY KADUNGALLOOR GRAMA PANCHAYAT, KADUNGALLOOR P.O, ERNAKULAM DISTRICT, PIN-683517.

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R1-3 BY GOVERNMENT PLEADER R4 BY SRI.DINESH MATHEW J. MURIKKAN, SC, KADUNGALLOOR GRAMA PANCHAYAT SRI.MANURAJ.K.J

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.637 OF 2019(D)

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JUDGMENT

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The petitioner has approached this Court at a time when Ext.P3 order was in force, as per which, he was directed to pay certain amounts as is mandated under the provisions of Section 27A of the Kerala Conservation of Paddy Land and Wetland Act (Paddy Land Act for short).

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According to the petitioner, Ext.P3 is an order issued by the Revenue Divisional Officer (RDO) under the provisions of the Kerala Land Utilization Order (KLU Order) and therefore, that the impugned conditions could not have been imposed.

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However, pending this lis, it appears that the RDO issued another order, a copy which has been produced by the learned Government Pleader along with a memo dated 30.08.2019, in which the impugned condition has been removed. Obviously, therefore, the primary challenge in this writ petition has now become unnecessary of my consideration.

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That said, the learned counsel for the petitioner submits that since the new order issued by the RDO, dated

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WP(C).No.637 OF 2019(D)

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19.06.2019, requires him to move the Tahsildar for making additional incorporations in the Basic Tax Register, such liberty may be offered to him and prays that the 4^th respondentSecretary of Kadungallur Grama Panchayat be directed to act upon his application for building permit based on the order of the Government. He thus prays that this writ petition be ordered on such terms.

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The learned Government Pleader submits that challenge in this writ petition is now unnecessary on account of the latest order of the RDO dated 19.06.2019 and prays that no further orders be issued against his client, adding that, however, the petitioner will have to move an application under the Kerala Land Tax Act before the competent Tahsildar for reassessment of the property and incorporation of additional entries in the Basic Tax Register and Revenue Records.

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The Standing Counsel appearing for the 4^th respondent-submits that they are willing to adhere to any directions that may be issued by this Court and that if this Court is so inclined, they are willing to consider the petitioner's

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WP(C).No.637 OF 2019(D)

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application based on Government Order dated 19.06.2019.

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Taking note of the afore circumstances, I order this writ petition and direct the 4^th respondent to immediately consider the petitioner's application for building permit based on the Government Order, bearing number K4-6547/17/K.Dis, dated 19.06.2019, subject to all conditions and requirements to be met by him as per law and to issue appropriate orders thereon not later than one month from the date of receipt of a copy of this judgment.

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I further direct the petitioner to move an appropriate application under Section 6A of the of the Kerala Land Tax Act, 1961 within a period of two weeks from the date of receipt of a copy of this judgment, before the competent Tahsildar and the said Authority, on receipt of the same, will proceed to reassess the property and make additional incorporations in the Revenue Records and the Basic Tax Register on the basis of the Government Order dated 19.06.2019.

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I, however, clarify that consideration of the petitioner's application for building permit need not be delayed by the

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WP(C).No.637 OF 2019(D)

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Secretary to await orders from the Tahsildar and that the said Authority will issue appropriate orders as per the above directions independently.

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Sd/-

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DEVAN RAMACHANDRAN

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nak

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JUDGE

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WP(C).No.637 OF 2019(D)

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APPENDIX OF WP(C) 637/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF LETTER ISSUED BY THE 4TH RESPONDENT OT THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 15 .01.2018 IN W.P.(C) NO. 41607/2017. EXHIBIT P3 TRUE COPY OF ORDER PASSED BY THE 3RD RESPONDENT DATED 13.07.2018.

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//TRUE COPY//

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P.A TO JUDGE

K.S.Biju v. State of Kerala

Case brief

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K.S.Biju v. State of Kerala

Case brief

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