Allowed

Sadique N v. the State of Kerala

Kerala HC10 Jun 2022WP(C)/14678/2022

Case brief

AI extract

What is this about?

The Court held that land exempted under the Land Reforms Act can be used for other purposes, resulting in recalculation of ceiling area. Consequently, the requirement to produce a Kerala Land Reforms Certificate for a building permit warrantless.

What did the court decide?

Building permit application considered afresh without insisting on Kerala Land Reforms Certificate within one month, if otherwise entitled.

Sadique N Vs the State of Kerala — Property and Title | Kerala HC (2022)

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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 T.R.RAVI

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FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944

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WP(C) NO. 14678 OF 2022

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PETITIONER:

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SADIQUE N
AGED 54 YEARS
S/O. MOIDU HAJI,
NEELIKANDY, PUZHAMUDI POST,
KALPETTA VILLAGE, VYTHIRI TALUK,
WAYANAD DISTRICT - 673122

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BY ADV K.M.FIROZ

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RESPONDENTS:

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1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LAND REVENUE, SECRETARIAT, STATUE
JUNCTION, THIRUVANANTHAPURAM, PIN – 695001

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2 THE DISTRICT COLLECTOR, WAYAND CIVIL STATION, KALPETTA, WAYANAD DISTRICT – 673122

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3 THE VILLAGE OFFICER, KALPETTA, VILLAGE OFFICE, KALPETTA – 673122

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4 KALPETTA MUNICIPALITY, MUNICIPAL OFFICE, KALPETTA P.O, WAYANAD - 673122 REPRESENTED BY ITS SECRETARY

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BY SMT. DEEPA. V, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No. 14678 OF 2022

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T.R.RAVI, J.

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=========================== WP(C) No.14678 OF 2022 ============================ Dated this the 10^th day of June, 2022

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JUDGMENT

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The petitioner has challenged the rejection of an application for building permit on the ground that the Kerala Land Reforms Certificate has not been enclosed along with the application. It is submitted that the petitioner intends to make a construction in the land which is within the ceiling limits and is exempted as coffee plantation. The petitioner submits that there is no requirement to produce a certificate that is not one issued under the statute. He further submits than even an area exempted under the provisions of the Land Reforms Act can be used for other purposes and the only consequence is that the ceiling area will have to be recalculated by including the lands covered by such user also, as not exempted lands. It is hence submitted that the 4^th respondent absolutely has no authority to demand KLR certificate for the purpose of issuance of building permit. I find considerable force in the submission made by the counsel for the petitioner. The issue is no longer res integra.

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A Full bench of this Court in Mathew K. Jacob and another v. District Environmental Impact Assessment Authority [2018 (5) KHC 487) at paragraph 13 held that any class of land earlier exempted in the ceiling case can be converted into any class of land not liable to

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WP(C) No. 14678 OF 2022

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be exempted under Explanation II to S.87 of the Act. The consequence is that the benefit of the exemption would be lost and the extent added to the account of the assessee or the declarant in determination of his ceiling area. The petitioner is entitled to the reliefs prayed for.

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In the result, writ petition is allowed and Ext.P1 to the extent it insists on production of the Kerala Land Reforms Certificate as a condition for issuance of building permit is set aside. The 4^th respondent is directed to consider the request afresh without insisting on production of KLR certificate and grant the same if the petitioner is otherwise entitled, within one month from the date of receipt of a certified copy of this Judgment.

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Sd/T. R. RAVI JUDGE

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WP(C) No. 14678 OF 2022

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APPENDIX OF WP(C) 14678/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE COMMUNICATION BEARING
NO BA 296/20-21 ISSUED BY THE ASSISTANT
ENGINEER OF 4THRESPONDENT KALPETTA
MUNICIPALITY DATED 30-1-2021
Exhibit P2TRUE COPY OF THE COMMUNICATION BEARING NO
C.R 401/2020 DATED 23-11-2020 ISSUED BY
THE THIRD RESPONDENT VILLAGE OFFICER,
KALPETTA
Exhibit P3TRUE COPY OF THE BASIC LAND TAX RECEIPT
DATED 3-7-2020 ISSUED TO PETITIONER FROM
VILLAGE OFFICE, KALPETTA
Exhibit P4A TRUE COPY OF RELEVANT PAGE OF FORM F
BASIC TAX REGISTER ISSUED BY THE VILLAGE
OFFICER, KALPETTA RESURVEY NO 389/2

Sadique N v. the State of Kerala

Case brief

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Sadique N v. the State of Kerala

Case brief

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