Allowed

Kunhi Mohammed v. Vythiri Grama Panchayat

Kerala HC16 Jan 2023WP(C)/30859/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulam set aside an order rejecting a building permit application. Relying on preceding decisions, the Court held that land assessed for property tax falls outside the scope of exemption under Section 81 of the Kerala Land Reforms Act, 1963, mandating reconsideration.

What did the court decide?

The order of rejection is set aside. The respondents are directed to consider the application for building permit and pass appropriate orders within one month.

Kunhi Mohammed Vs Vythiri Grama Panchayat — Land Acquisition | Kerala HC (2023)

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WP(C) NO. 30859 OF 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 MONDAY, THE 16^TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944

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WP(C) NO. 30859 OF 2022

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PETITIONER/S:

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KUNHI MOHAMMED AGED 57 YEARS S/O.KUNHALAN, PARAVATH HOUSE, KODUR, CHAPPANANGADI P.O., MALAPPURAM DISTRICT - 676 503.

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BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE

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RESPONDENTS:

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1 VYTHIRI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VYTHIRI P.O., WAYANAD DISTRICT - 673 576.

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2 THE SECRETARY

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VYTHIRI GRAMA PANCHAYAT, VYTHIRI P.O., WAYANAD DISTRICT - 673 576.

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BY ADV SHRI.MANOJ RAMASWAMY, SC, VYTHIRI GRAMA PANCHAYAT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 30859 OF 2022

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JUDGMENT

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The petitioner is the owner of 11.95 Ares of land in Re.Sy No.108/24 of Chundel village of Vythiri Taluk of Wayanad District. According to him, there was a commercial building in the said property which has been assigned building numbers and assessed to property tax.

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The petitioner proposed to construct a new commercial building after demolishing the old building. Accordingly, he made an application for building permit on 28.9.2021, which was rejected vide Ext.P10 order by the 2^nd respondent on the ground that the property is shown as exempted plantation land under Section 81 of the Kerala Land Reforms Act, 1963 (for short, 'the Act') in the Possession Certificate. The petitioner contends that

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WP(C) NO. 30859 OF 2022

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his property does not form part of any exempted land under the Act.

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Heard Sri. Abdul Jawad. K., the learned

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counsel for the petitioner and Sri. Manoj Ramaswamy, the learned Standing Counsel for the respondents.

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The petitioner purchased the land in

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question as per Ext.P1 sale deed on 7.9.2016. It is not disputed that there was a commercial building in the land which was assessed to property tax. He applied

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for building permit for construction of a new commercial building after demolishing the old building. The said application was rejected by Ext.P10 for the sole reason that the property falls under the exempted land under Section 81 of the Act. The question to be considered is whether the construction can be permitted in any land exempted under Section 81 of the Act. The said question has been considered

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WP(C) NO. 30859 OF 2022

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by this Court in Kinallur Rock Sand (M/s.) v. State of Kerala and others [2021 (2) KLT 351] wherein this Court directed to reconsider the application of the petitioner therein for grant of NOC for setting up an explossive magazine in the exempted land.

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The learned counsel for the petitioner also relies on the judgment of this Court in W.P.(c) No. 34258/2022 dated 4.11.2022 in respect of the same Grama Panchayat, in which the question regarding the issuance of building permit with regard to the land exempted under Section 81 of the Act was considered and similar order of the respondents was set aside.

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Going by the decision of this Court in Kinallur (supra) and the judgment of this Court in W.P.(c) No.34258/2022 referred to above, I am of the view that Ext.P10 order cannot be sustained. Accordingly, the same is set aside. There will be a direction to the respondents to consider the

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WP(C) NO. 30859 OF 2022

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application for building permit submitted by the petitioner and pass appropriate orders in accordance with law and in the light of the aforesaid decisions within a period of one month from the date of receipt of a copy of this judgment.

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The 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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al/-

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WP(C) NO. 30859 OF 2022

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APPENDIX OF WP(C) 30859/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE TITLE DEED NO.1180/16, DATED 07/09/2016.
Exhibit P1(A)	A TRUE COPY OF THE TAX RECEIPT DATED 19/08/2022, ISSUED TO THE PETITIONER.
Exhibit P1(B)	A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.04.2021 ISSUED TO THE PETITIONER.
Exhibit P1(C)	A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16/09/2021, ISSUED TO THE PETITIONER.
Exhibit P2	A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF PROPERTY TAX DATED 16/03/2022.
Exhibit P3	A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF PROPERTY TAX DATED 16/03/2022.
Exhibit P3(A)	A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF PROPERTY TAX DATED 16/03/2022.
Exhibit P4	A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 18/08/2020 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF BUILDING BEARING NO.2/H IN WARD 3.
Exhibit P5	A TRUE COPY OF THE PHOTOGRAPH OF THE COMMERCIAL BUILDING OF THE PETITIONER.
Exhibit P6	A TRUE COPY OF THE PHOTOGRAPH OF THE LAND AND BUILDING ON THE SOUTHERN SIDE OF THE PETITIONER'S LAND.
Exhibit P7	A TRUE COPY OF THE PHOTOGRAPH OF THE HUGE RESIDENTIAL FLAT ON THE SOUTHERN SIDE OF THE PETITIONER'S LAND.
Exhibit P8	A TRUE COPY OF THE PHOTOGRAPH SHOWING CONSTRUCTION OF A NEW COMMERCIAL BUILDING ON THE NORTHERN SIDE OF THE LAND OF THE PETITIONER.
Exhibit P9	A TRUE COPY OF THE BUILDING PERMIT DATED 05/02/2010, ISSUED TO ONE OF THE GREAT PREDECESSORS OF THE PETITIONER.
Exhibit P10	A TRUE COPY OF THE COMMUNICATION DATED 24/11/2021, ISSUED BY THE 2ND RESPONDENT.

Kunhi Mohammed v. Vythiri Grama Panchayat

Case brief

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Kunhi Mohammed v. Vythiri Grama Panchayat

Case brief

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