Disposed

Christopher K.D v. the Velur Grama Panchayat

Kerala HC25 Aug 2022WP(C)/21303/2022

Case brief

AI extract

What is this about?

Petitioner sought Building Permit for residential construction on property partly classified as paddy land in Data Bank. Court directed Revenue Divisional Officer to consider application to remove land from Data Bank within three months. Permit granted provisionally pending favourable revenue orders.

What did the court decide?

Directed Revenue Divisional Officer to consider Form-5 application within three months; directed Secretary to process Building Permit provisionally subject to favourable revenue orders.

Christopher K.D Vs the Velur Grama Panchayat — 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 N.NAGARESH

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THURSDAY, THE 25^TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944

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WP(C) NO. 21303 OF 2022

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PETITIONER:

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CHRISTOPHER K.D, AGED 26 YEARS, S/O DAVIS, KIDANGAN HOUSE, NADUVILANGADI, VELUR PO, VELUR VILLAGE, KUNNAMKULAM TALUK, THRISSUR DT. PIN 680601. BY ADVS. SHOBY K.FRANCIS MISHAL M.DASAN

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RESPONDENTS:

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1 THE VELUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE VELUR GRAMA PANCHAYATH, VELUR PO, 680601 PIN, THRISSUR DISTRICT.

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2 SECRETARY, VELUR GRAMA PANCHAYATH, VELUR PO, PIN-680601, THRISSUR DISTRICT.

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3 AGRICULTURAL OFFICER/CONVENER OF LLMC, KRISHI BHAVAN, VELUR GRAMA PANCHAYATH, VELUR PO, THRISSUR DISTRT-680601.

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4 LOCAL LEVEL MONITORING COMMITTEE, VELUR GRAMA PANCHAYATH, VELUR PO, THRISSUR, PIN 680601. REP. BY ITS CONVENER AGRICULTURAL OFFICER.

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5 VILLAGE OFFICER, VELUR VILLAGE, VELUR PO, THRISSUR-680 601.

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6 ADDL.R6. THE REVENUE DIVISIONAL OFFICER OFFICE OF RDO, COLLECTORATE, CIVIL LANE, AYYANTHOLE PO THRISSUR – 680003 IS IMPLEADED AS THE ADDITIONAL 6TH RESPONDENT AS PER ORDER DATED 25.08.2022 IN I.A NO.2 OF 2022

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BY ADV M.PREMCHAND-R1 AND R2

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SMT.SURYA BINOY SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.21303 OF 2022

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JUDGMENT

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Dated this the 25^th day of August, 2022

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The petitioner is owner of 5 Cents of property in Velur Village of Kunnamkulam Taluk in Thrissur District. According to the petitioner, out of the 5 Cents, 4 Cents of land is dry land and the remaining 1 Cent is paddy land, as per the Revenue records. The petitioner wanted to construct a residential building in the property and Ext.P9 application for Building Permit was submitted to the 2^nd respondent- Secretary to the Grama Panchayat.

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The petitioner states that the petitioner intends to construct a house within the 4 Cents of land which is dry land. However, the application for Building Permit submitted by the petitioner stands rejected as per Ext.P11 order for the reason that the land is included in Data Bank. It is aggrieved by Ext.P11 order that the petitioner has filed this writ petition.

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WP(C) NO.21303 OF 2022

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During the pendency of the writ petition, the petitioner submitted an application in Form-5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 for removing the land from the Data Bank.

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Standing Counsel representing respondents 1 and 2 submitted that the petitioner’s application for Building Permit can be considered in accordance with law. The Standing Counsel further submitted that in view of the provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008, the Panchayat has a duty to see that the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 are complied with by the writ petitioner.

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I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned Senior Government Pleader representing respondents 3 to 5.

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The petitioner owns 5 Cents of land. According to the petitioner, 4 Cents of land is dry land. However, the

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WP(C) NO.21303 OF 2022

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remaining 1 Cent is described as paddy land in Revenue records. The petitioner can very well construct a house in the said 4 Cents of land unhindered by the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. It is evident that the petitioner has submitted an application for Building Permit for construction of a residential building. The petitioner’s application is not being processed in view of the fact that a part of the petitioner’s property is described as paddy land and it is included in the Data Bank.

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Since the petitioner has submitted Ext.P12 application in Form-5 seeking to remove the land from the Data Bank, this Court is of the view that the writ petition can be disposed of directing the Revenue Divisional Officer to consider and pass orders on Ext.P12 and at the same time, directing the 2^nd respondent-Secretary to the Grama Panchayat to process Ext.P9 Building Permit application subject to the petitioner producing favourable orders from the Revenue Divisional Officer.

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WP(C) NO.21303 OF 2022

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In the circumstances, the writ petition is disposed of directing the additional 6^th respondent-Revenue Divisional Officer to consider Ext.P12 Form-5 application submitted by the petitioner, if the same is received supported by all documents and paying the prescribed fee and to pass orders thereon, within a period of three months. Pending such consideration by the Revenue Divisional Officer, the 2^nd respondent shall process the application for Building Permit submitted by the petitioner and issue Building Permit to the petitioner provisionally subject to the petitioner producing favourable orders from the Revenue Divisional Officer. It is made clear that the 2^nd respondent needs to issue Building Permit only if the petitioner complies with all other statutory requirements.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) NO.21303 OF 2022

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APPENDIX OF WP(C) 21303/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE BASIC TAX RECEIPT DATED 12-4-2021 ISSUED BY THE VILLAGE OFFICER VELUR.
Exhibit P2	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18-4-2021 ISSUED BY THE VILLAGE OFFICER.
Exhibit P3	TRUE COPY OF THE APPLICATION FOR NOC TO CONSTRUCT THE RESIDENTIAL BUILDING DATED 22-5-2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P4	TRUE COPY OF DEMOLITION ORDER DATED 1- 6-2020 IN A4-2391/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P5	TRUE COPY OF JUDGMENT IN WPC NO. 12373/2020 DATED 24-6-2020.
Exhibit P6	TRUE COPY OF THE APPLICATION DATED 1- 7-2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P7	TRUE COPY OF THE ORDER DATED 27-7-2020 ISSUED BY THE 2ND RESPONDENT IN A4- 3303/20.
Exhibit P8	TRUE COPY OF REVISED SKETCH/ PLAN CONFINING TO THE PLOT SITUATED IN SURVEY NO.1453/P1 WHICH IS SHOWN AS "PURAYIDOM" IN THE BTR DATED NIL SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P9	TRUE COPY OF THE ONLINE BUILDING PERMIT APPLICATION DATED 7-4-2022 WITH FILE NO. A4/1554/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P10	TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK DATED 7-1-2021.
Exhibit P11	TRUE COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT DATED 26-4-2022 IN FILE NO. A4-1554/22.

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WP(C) NO.21303 OF 2022

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Exhibit P12

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TRUE COPY OF THE FORM 5 APPLICATION DATED 5.8.2022 WITH NO. 1569/2022/B3 SUBMITTED BY THE PETITIONER TO THE REVENUE DIVISIONAL OFFICER, THRISSUR.

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RESPONDENT'S/S EXHIBITS : NIL

Christopher K.D v. the Velur Grama Panchayat

Case brief

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Christopher K.D v. the Velur Grama Panchayat

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