Disposed

P.Rajaji v. Puthusserry Grama Panchayat

Kerala HC4 Aug 2022WP(C)/21904/2022

Case brief

AI extract

What is this about?

The Court issued a disposal order directing the Revenue Divisional Officer to consider the petitioner's Form-5 application for removing land from the Data Bank within two months. A provisional Occupancy Certificate and Building Number were ordered to be issued within one month pending the favorable outcome of the Data Bank removal application.

What did the court decide?

Directed Revenue Divisional Officer to consider removal from Data Bank and issue provisional Occupancy Certificate and Building Number within one month.

P.Rajaji Vs Puthusserry Grama Panchayat — 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 N.NAGARESH

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THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944

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WP(C) NO. 21904 OF 2022

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PETITIONER

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P.RAJAJI

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AGED 48 YEARS
S/O GOVINDANKUTTY, VATTAPPALLIL, KANJIRAPPALLY,
KOTTAYAM., PIN - 686507
BY ADV ARAVIND GHOSH

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RESPONDENTS:

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1 PUTHUSSERRY GRAMA PANCHAYAT

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KANJIKKOD.P.O., PALAKKAD, PIN - 678621

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2 REVENUE DIVISIONAL OFFICER, PALAKKAD

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PARAKKUNNAM, VIDYUTH NAGAR, PALAKKAD., PIN - 678001

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3 AGRICULTURAL OFFICER, PUTHUSSERRY KRISHIBHAVAN, PUTHUSSERRY, KANJIKKOD.P.O., PALAKKAD, PIN - 678621

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4 PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

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5 PRINCIPAL SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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6 PRINCIPAL SECRETARY, AGRICULTURAL DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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7 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, PIN - 695001

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SRI.SYAMANTHAK B S, GP
SRI.JOSEPH KURUVATHAZA -R1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.21904 OF 2022

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JUDGMENT

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Dated this the 4^th day of August, 2022

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The petitioner, who is owner of 2.78 Ares of property in Puthussery West Village of Palakkad Distict, has filed this writ petition seeking to direct the 1^st respondent to provide Building Number and issue Occupancy Certificate to the petitioner in respect of the building constructed by him.

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The petitioner states that the predecessor-in-interest

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of the property had obtained an order under Clause 6 of the Kerala Land Utilisation Order, 1967 (KLU Order) for utilising the property for non agricultural purposes. The number and date of the KLU Order is discernible from Ext.P4 No Objection Certificate issued by the Puthussery Grama Panchayat. The petitioner obtained a Building Permit and constructed a residential building in his property.

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After completion of the building, when the petitioner approached the 1^st respondent-Panchayat for numbering the

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WP(C) NO.21904 OF 2022

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building and for issuing Occupancy Certificate, the Panchayat authorities refused to number the building, alleging that the land is included in the Data Bank.

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The petitioner states that he has constructed the building on the basis of a valid Building Permit and the construction is completed. Unless an Occupancy Certificate is issued and the petitioner is permitted to occupy the residential building, the petitioner will be put to untold hardship and loss.

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Standing Counsel entered appearance on behalf of the 1^st respondent-Panchayat and submitted that as long as the petitioner's property remains included in the Data Bank, the Panchayat authorities will not be able to process the application for Occupancy Certificate. Unless the petitioner produces orders removing the land from Data Bank, the building cannot be numbered.

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Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. It is

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WP(C) NO.21904 OF 2022

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4

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submitted on behalf of the 2^nd respondent-Revenue Divisional Officer that if the petitioner has submitted an application for removing the land from Data Bank, it can be considered in accordance with law. The petitioner has submitted an application for re-assessment of tax under Section 6A of the Land Tax Act. The same can be considered if the land is removed from Data bank. The re-assessment of tax will depend upon the terms and conditions in the KLU Order issued to the predecessor-in-interest of the petitioner.

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I have heard the learned counsel for the petitioner,

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the learned Standing Counsel representing the 1^st respondentPanchayat and the learned Government Pleader representing respondents 2 to 7.

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It is evident that the petitioner has constructed the building on the basis of a valid Building Permit. No objections were raised from any quarters during the construction of the building. The validity of the Building Permit is not in question. However, the Occupancy Certificate is denied to the petitioner

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WP(C) NO.21904 OF 2022

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5

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on the ground that the petitioner's land is included in Data Bank.

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The petitioner states that the predecessor-in-interest of the petitioner has obtained an order under the KLU Order, 1967 in the year 2011. According to the petitioner, the said KLU Order stands transferred in favour of the petitioner, in the year 2013. If the KLU Order is in existence, the property need not have been included in the Data Bank.

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Be that as it may, the petitioner has now submitted Ext.P17 Form-5 application for removing the land from Data Bank. The Panchayat authorities can very well consider the application for Occupancy Certificate, once the land is removed from Data Bank pursuant to Form-5. The Tahsildar also can reassess the land tax, once the land is removed from Data Bank.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent-Revenue Divisional Officer to consider Ext.P17 Form-5 application submitted by the petitioner, if it is received with all supporting documents and paying prescribed fee, if any, and pass appropriate orders

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WP(C) NO.21904 OF 2022
 6

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thereon, within a period of two months. After obtaining favourable orders on Ext.P17, if the petitioner makes an application before the competent authority for re-assessment of tax under the Kerala Land Tax Act, such authority can consider the application, in accordance with law.

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Taking into consideration the fact that the petitioner has constructed the building after obtaining a valid Building Permit, there will be a direction to the 1^st respondent to assign Building Number and Occupancy Certificate to the petitioner, provisionally. The issuance of such provisional Occupancy Certificate will be subject to the petitioner producing favourable orders on Ext.P17 Form-5 application and correcting the BTR. The number will be assigned to the petitioner’s building provisionally and provisional Occupancy Certificate will be issued, within a period of one month.

sd/-

N.NAGARESH JUDGE

hmh

WP(C) NO.21904 OF 2022

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APPENDIX OF WP(C) 21904/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`SALE DEED NO.5581DATED 23/07/2011 IN` `THE NAME OF THE PETITIONER`
`Exhibit P2`	`LAND TAX RECEIPT IN THE NAME OF THE` `PETITIONER 28/04/2022`
`Exhibit P3`	`BUILDING PERMIT DATED 12/07/2011`
`Exhibit P4`	`BUILDING PERMIT DATED 8/03/2013`
`Exhibit P5`	`RECEIPT FROM KSEB WITH CONSUMER` `NO.116528701843 DATED 5/04/2022`
`Exhibit P6`	`PHOTOGRAPH OF THE RESIDENTIAL BUILDING` `OF THE PETITIONER`
`Exhibit P7`	`RECEIPT FOR ACCEPTANCE APPLICATION FOR` `BUILDING PERMIT DATED 25/02/2022`
`Exhibit P8`	`TRUE COPY OF REFUSAL OF BUILDING PERMIT` `DATED 25/02/2022`
`Exhibit P9`	`TRUE COPY OF RELEVANT PAGE OF DATA BANK` `DATED 24/03/2012`
`Exhibit P10`	`TRUE COPY OF APPLICATION FOR LAND TAX` `RE ASSESSMENT DATED 6/6/2022`
`Exhibit P11`	`TRUE COPY OF RECEIPT FOR ACCEPTANCE OF` `APPLICATION FOR LAND TAX ASSESSMENT` `DATED 7/06/2022`
`Exhibit P12`	`TRUE COPY OF DECISION OF HIGH COURT OF` `KERALA IN GLOBAL EDUCATION TRUST V.` `STATE OF KERALA AND OTHERS DATED` `10/11/2020`
`Exhibit P13`	`TRUE COPY OF DECISION OF HIGH COURT OF` `KERALA IN MAHIN AND ANOTHER. KEEZHMAD` `GRAMAPANCHAYAT DATED 5/11/2018`
`EXHIBIT P14`	`THE TRUE COPY OF BUILDING PLAN APPROVED` `BY THE 1ST RESPONDENT DATED 08.03.2013`
`EXHIBIT P15`	`THE TRUE COPY OF COMPLETION CERTIFICATE` `DATED 20.01.2022`
`EXHIBIT P16`	`TRUE COPY OF COMPLETION PLAN NIL DATED`
`EXHIBIT P17`	`THE TRUE COPY OF APPLICATION FOR` `REMOVAL OF PROPERTY FROM THE DATA BANK` `DATED 27.05.2022`

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WP(C) NO.21904 OF 2022

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P.Rajaji v. Puthusserry Grama Panchayat

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P.Rajaji v. Puthusserry Grama Panchayat

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