Dismissed

Usman Shereef, v. the Secretary

Kerala HC2 Dec 2022WP(C)/19188/2022

Case brief

AI extract

What is this about?

This writ petition concerning a residential building regularisation was disposed of holding the petitioner to file a Form No.6 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The regularisation is subject to the order passed in that application.

What did the court decide?

The writ petition is disposed of with directions to the petitioner to file necessary application under Form No.6 of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

Usman Shereef, Vs the Secretary — Land Acquisition | 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 MURALI PURUSHOTHAMAN

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944

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WP(C) NO. 19188 OF 2022

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PETITIONER:

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USMAN SHEREEF, AGED 42 YEARS S/O. MOIDHU, PARAMBIL HOUSE, AMMAYIPALAM, NENMENI P. O, SULTHAN BATHERY, WAYANAD – 673 592.

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BY ADVS. BONNY BENNY BEJOY JOSEPH P. J. BALU TOM CHERUVALLY GOVIND G. NAIR

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RESPONDENTS:

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1 THE SECRETARY, NENMENI GRAMA PANCHAYATH, KOLIYADI, NENMENI, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN - 673 592. 2 THE SUB COLLECTOR MANANTHAVADY, OFFICE OF THE SUB COLLECTOR MANANTHAVADY P. O, WAYANAD - 670 645. 3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO WAYANAD, MANANTHAVADY P. O, WAYANAD - 670 645. BY ADVS. SRI. NIRMAL V. NAIR - SC SRI. B.S SYAMANTHAK - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.19188 OF 2022

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JUDGMENT

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The petitioner was assigned a building number for his residential building. Later, the 1^st respondent issued notice to the petitioner as to why the number assigned shall not be revoked since the petitioner had made construction in excess of the plinth area sanctioned as per the approved plan. When the petitioner approached the 1^st respondent for issuance of occupancy certificate, the 1^st respondent issued Ext.P8 stating that certain clarifications have been sought for from the 2^nd respondent and the petitioner's application will be considered on receipt of such clarification.

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The learned Government Pleader has filed a memo producing letter dated 09.07.2022 issued by the 2^nd respondent stating that the property of the petitioner is not included in the data bank and directing

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W.P(C) NO.19188 OF 2022

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the petitioner to submit necessary application under Form No.6 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and that the regularisation of the construction will be subject to the order to be passed in the Form No.6 application.

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The learned counsel for the petitioner submits

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that the petitioner will file necessary application as required in the letter of the 2^nd respondent dated 09.07.2022. In case the petitioner files such application in Form No.6, the same will be considered by the 2^nd respondent expeditiously, in accordance with law.

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This writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P(C) NO.19188 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 THE PHOTOSTAT COPY OF THE REGISTERED DEED DATED 25-05-2016. EXHIBIT P2 THE PHOTOSTAT COPY OF FILE NO. RDOMDY/641/2018-F DATED 08-10-2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 THE PHOTOSTAT COPY OF THE PERMIT NO.A3-BA(261731)/2018 DATED 02-112018 BY THE 1ST RESPONDENT. EXHIBIT P4 THE PHOTOSTAT COPY OF THE GENERAL BUILDING PERMIT NO.A3-BA(261731)/2018 DATED 02-11-2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 THE PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO.KL12020809717/2021 DATED 18-08-2021 ISSUED BY THE GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT. EXHIBIT P6 THE PHOTOSTAT COPY OF THE DEMAND NOTICE NO.D2/17119/2021 AS PER SECTION 10 OF KERALA BUILDING TAX ACT 1975 TO PAY THE BUILDING TAX ISSUED BY THE TAHSILDAR SULTHAN BATHERY.

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EXHIBIT P7 THE PHOTOSTAT COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 01-02-2022. EXHIBIT P8 THE PHOTOSTAT COPY OF THE LETTERNUMBER A3/5955/2021 DATED 30-10-2021 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

Usman Shereef, v. the Secretary

Case brief

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Usman Shereef, v. the Secretary

Case brief

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