Allowed

Gulam Rasool v. Kodumba Grama Panchayath

Kerala HC23 Oct 2020WP(C)/30440/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, whose land use was regularised by the Revenue Divisional Officer under Sec.27A of Act 28 of 2008, challenged a Panchayat order rejecting his occupancy certificate application. The Court set aside the rejection and directed reconsideration. Nothing in the judgment finds 27A of Act 28 of 2008 as mentioned in the text. The Court set aside the impugned order and

What did the court decide?

Impugned order set aside; Panchayat directed to reconsider request for occupancy certificate within four weeks.

Gulam Rasool Vs Kodumba Grama Panchayath — Writ and Judicial Review | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942

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WP(C).No.30440 OF 2017(D)

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PETITIONER:

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GULAM RASOOL, SON OF SARFUDHEE, AGED 38 YEARS, NO. 54, RAYYAN, NAKSHATHRA NAGAR, PIRIVUSALA, PALAKKAD DISTRICT.

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BY ADVS. SRI.JACOB SEBASTIAN SMT.ANU JACOB SRI.K.A.SIYAD SRI.K.V.WINSTON

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RESPONDENTS:

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1 KODUMBA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KODUMBA, CHITTUR TALUK, PALAKKAD-678551.

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2 THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY AND WETLAND REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KODUMBA. PIN-678551.

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3 GULAM RASOOL, SON OF SARFUDHEEN, AGED 38 YEARS, NO.54, RAYYAN, NAKSHATRA NAGAR, PIRIVUSALA, PALAKKAD DISTRICT

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IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED 30.05.2018 IN I.A.15224/2017

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R1 BY ADV. SRI.SUSEEL M.MENON

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S GOPINATHAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.30440 OF 2017(D)

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..2..

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JUDGMENT

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Dated this the 23rd day of October 2020

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This writ petition is filed seeking following relief:

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“i) call for the records leading to exhibit P4 and quash it issuing a writ in the nature of certiorari; ii) Issue a writ in the nature of mandamus commanding the 1^st respondent to issue occupancy certificate and number the commercial building constructed by the petitioner in terms of exhibits P1 and P3; and

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iii) Issue such other writ, order or direction is this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.”

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The petitioner had constructed a building in

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Re.Sy.No.10/8, Resurvey Block No.46 in Kodumba Village, Palakkad Taluk for commercial occupancy. The petitioner applied for occupancy certificate. That was rejected by Ext.P4 order stating that the petitioner had not obtained permission under the Kerala Land Utilisation Order to utilise the land which is recorded as “ nilam” in Possession Certificate and BTR etc. The rejection was on

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13.09.2017.

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WP(C).No.30440 OF 2017(D)

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The petitioner thereafter, approached the Revenue

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Divisional Officer, Palakkad by invoking Sec.27A of Act 28 of 2008. The Revenue Divisional Officer passed Ext.P8 order on 4.01.2019 regularising the use of land on effecting payment made by the petitioner.

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In the light of the fact that the petitioner had regularised the utilisation of the land by virtue of Ext.P8 order, the impugned order is set aside. The Panchayat is directed to reconsider the request for occupancy certificate in the light of Ext.P8 order of RDO.

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Needful shall be done within a period of four weeks.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

..4..

WP(C).No.30440 OF 2017(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE RELATING TO THE PLOT.

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EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK FOR KODUMBU GRAMA PANCHAYAT PREPARED IN TERMS OF S.5(40 (I) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT.

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EXHIBIT P3 A TRUE COPY OF THE BUILDING PERMIT DATED MARCH 11, 2015 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE ORDER DATED SEPTEMBER 13, 2017 ISSUED BY THE 1ST RESOPONDENT.

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EXHIBIT P5 A TRUE COPY OF THE KLU APPLICATION DATEED 23.09.2017 SUBMITTED BEFORE THE ADDITIONAL 3RD RESPONDENT

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EXHIBIT P6 A TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT

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EXHIBIT P7 A TRUE COPY OF THE LICENSE DATED 4 APRIL 2018 ISSUED BY THE 1ST RESPONDENT

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RESPONDENTS EXHIBITS

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EXHIBIT R1(a) PHOTO COPY OF THE REPORT DATED 11.09.2017 EXHIBIT R1(b) PHOTOCOPY OF THE REPORT DATED 08.12.2017

Gulam Rasool v. Kodumba Grama Panchayath

Case brief

What is this about?

What did the court decide?

Gulam Rasool v. Kodumba 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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