Petitioner challenged communication denying building permit on wetland land. Court directed permit application for other-purpose land to be processed with timeline and allowed fresh application excluding wetland portion.
Permitted petitioner to prefer fresh application excluding wetland land; granted building permit on other land within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.21813 OF 2019(B)
PETITIONER:
BEERANKUTTY HAJI.P.V AGED 69 YEARS S/O. AHAMMEDKUTTY HAJI, PARAMPARAMBIL HOUSE, VELLAMKOTTU, POST THALAKADATHOOR, TIRUR TALUK, MALAPPURAM DISTRICT
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 TIRUR MUNICIPALITY TRIKKANDIYUR P.O, TIRUR, MALAPPURAM DISTRICT, PIN 676 104 REPRESENTED BY ITS SECRETARY
2 THE SECRETARY, TIRUR MUNICIPALITY, TRIKKANDIYUR P.O, TIRUR, MALAPPURAM DISTRICT, PIN 676 104
3 THE REVENUE DIVISIONAL OFFICER, TIRUR., POST TIRUR, MALAPPURAM DISTRICT, PIN 676 101
R1-2 BY SRI.P.VENUGOPAL, SC, TIRUR MUNICIPALITY
GP. K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21813 OF 2019(B) 2
W.P.(C) No.21813 of 2019
J U D G M E N T
Petitioner holds 16.66 Ares of land in Re-survey No.11/17-6 and 6.55 Ares of land in Re-survey No. 11/17-10 of Tirur Village. The lands are lying contiguously and are shown as “Nilam” (wetland) in the revenue records. The petitioner preferred an application for building permit before the first respondent Municipality in respect of the said lands. On the said application, the petitioner has been issued Ext.P10 communication. As per Ext.P10 communication, the petitioner was informed that since the lands on which the petitioner propose to put up the building are shown in the revenue records are “Nilam” (wetland), he has to obtain permission of the competent authority under Section 27A of Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). Ext.P10 is under challenge in the writ petition. The case of the petitioner is that he has already obtained permission of the competent authority under the Kerala Land Utilization Order for using the land measuring 16.66 Ares in Re-survey No.11/17-6 for other purposes and therefore, permission under Section 27A of the the Act cannot be insisted for constructing building in such a land. As far as the land measuring 6.55 Ares in Re-survey No.11/17-10 is concerned, the case set out by the petitioner is that he does not propose to construct any building in the said land and the said land has been shown by mistake in the application preferred by the petitioner for building permit.
WP(C).No.21813 OF 2019(B) 3
P.B.SURESH KUMAR, JUDGE.
rps
WP(C).No.21813 OF 2019(B) 4
APPENDIX OF WP(C) 21813/2019
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29-10-2018 |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 6(2) OF KERALA LAND UTILIZATION ORDER , 1967 DATED 29-05- 2004 |
| EXHIBIT P3 | THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT , MALAPPURAM DATED 01-12-2012 |
| EXHIBIT P4 | THE TRUE COPY OF THE ORDER ISSUED BY THE REVENUE DIVISIONAL OFFICER, TIRUR DATED 8-5-2013 |
| EXHIBIT P5 | THE TRUE COPY OF THE PROCEEDINGS DATED 31-08-2013 OF THE LAND REVENUE COMMISSIONER , THIRUVANANTHAPURAM |
| EXHIBIT P6 | THE TRUE COPY OF THE GOVERNMENT ORDER DATED 11-08-2014 |
| EXHIBIT P7 | THE TRUE COPY OF THE JUDGMENT DATED 26-07- 2018 IN WP(C) NO. 23307/2014 OF THIS HON'BLE COURT |
| EXHIBIT P8 | THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT DATED 30-10-2018 |
| EXHIBIT P9 | THE TRUE COPY OF THE SPECIFICATION REPORT AND AREA STATEMENT PRODUCED ALONG WITH EXT. P8 APPLICATION |
| EXHIBIT P10 | THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31-5-2019 |
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether petitioner is required to obtain permission under Section 27A for building on land already permitted under Land Utilization Order.
Whether petitioner's application for building permit is maintainable for land shown as wetland where he does not intend construction.
2 provisions across 2 enactments
BEERANKUTTY HAJI.P.V
TIRUR MUNICIPALITY TRIKKANDIYUR P.O
THE SECRETARY, TIRUR MUNICIPALITY
THE REVENUE DIVISIONAL OFFICER, TIRUR
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
