Disposed

T.K.Sukumaran, v. 1. Varantharapilly Grama Panchayat

Kerala HC6 Jul 2023WP(C)/7721/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Secretary of the Grama Panchayat to consider two petitions for building permits on land assigned under the Kerala Land Reforms Act. The court relied on a prior judgment holding that residential construction is permitted on such lands.

What did the court decide?

Directed the Secretary of the 2nd respondent to consider the Building Permit applications on merits and pass appropriate orders within one month of production of the patta.

T.K.Sukumaran, Vs 1. Varantharapilly Grama Panchayat — Specific Performance | Kerala HC (2023)

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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 6^TH DAY OF JULY 2023 / 15TH ASHADHA, 1945

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WP(C) NO. 7746 OF 2023

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PETITIONER:

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REJEENA THOMAS,

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AGED 57 YEARS, D/O.GEORGE, AGED 57 YEARS,
OLATTUPURAM HOUSE, KUTTANCHIRA VARANTHARAPPILLY (PO)
THRISSUR DISTRICT, PIN – 680 303

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BY ADV BINOY VASUDEVAN

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RESPONDENTS:

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1 VARANTHARAPILLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, VARANTHARAPILLY P.O., THRISSUR DISTRICT, PIN – 680 303

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2 SECRETARY, VARANTHARAPILLY GRAMA PANCHAYAT, PANCHAYAT OFFICE, VARANTHARAPILLY P.O., THRISSUR DISTRICT, PIN – 680 303

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, 1ST FLOOR, CIVIL STATION, IRINJALAKKUDA (PO) THRISSUR DISTRICT, PIN – 680 125

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BY ADV

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SMT.K.G.SAROJINI – GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2023, ALONG WITH WP(C).7721/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C) Nos.7746 and
7721 OF 2023

¶18

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945

¶22

WP(C) NO. 7721 OF 2023

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PETITIONER:

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T.K.SUKUMARAN,

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AGED 67 YEARS, S/O KESAVAN, AGED 67 YEARS,
THOOMBAYI HOUSE, VARANTHARAPILLY P.O.,
THRISSUR DISTRICT, PIN – 680 303

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BY ADV BINOY VASUDEVAN

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RESPONDENTS:

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11. VARANTHARAPILLY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
PANCHAYAT OFFICE, VARANTHARAPILLY P.O.,
THRISSUR DISTRICT, PIN – 680 303

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2SECRETARY,
VARANTHARAPILLY GRAMA PANCHAYAT,
PANCHAYAT OFFICE, VARANTHARAPILLY P.O.,
THRISSUR DISTRICT, PIN – 680 303

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3THE REVENUE DIVISIONAL OFFICER,,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
1ST FLOOR, CIVIL STATION, IRINJALAKKUDA (PO)
THRISSUR DISTRICT, PIN – 680 125

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BY ADV

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SMT.DEVISREE.R - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2023, ALONG WITH WP(C).7746/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶34

W.P(C) Nos.7746 and
7721 OF 2023

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JUDGMENT

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[WP(C) Nos.7746/2023 and 7721/2023] Dated this the 6^th day of July, 2023

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The petitioners in both these writ petitions submit that they submitted applications for Building Permit, which were not being entertained for the reason that the petitioner’s lands are lands originally assigned under the Kerala Land Reforms Act. The Panchayat authorities sent letter to the Revenue Divisional Officer seeking clarification in this regard. It is aggrieved by the non-grant of Building Permits that the petitioners are before this Court.

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This Court has considered the issue as to whether residential buildings can be constructed in lands assigned under the Kerala Land Reforms Act. This Court considered

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the issue in W.P.(C) No.4782/2022 and held as follows : -

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“3. It is evident from Exts.P9 to P12 that the construction of residential buildings is not prohibited in the assigned land. There is also no contention for the respondents that the land is not

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W.P(C) Nos.7746 and
7721 OF 2023

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4

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alienable. It is also not disputed that use for residential purposes will not be a violation of the conditions of the assignment. The development permit is ancillary to the building permit and the removal of the ordinary earth is only for the purpose of effecting the construction. As such, the reasons stated in Ext.P8 are not legally sustainable. The Senior Government Pleader pointed out condition No.8 in Exts.P9 to P12 and submitted that there is a requirement that the assignee or any member of his family and successor-in-interest shall reside in/cultivate the land and that such residence/cultivation shall commence within the period of one year from the date of receipt of the patta. I do not think condition No.8 can have any bearing on the facts of this case. The patta was issued as early as 23.5.198. and there is no case for the respondent that there has been a violation of any of the conditions of the patta from 1980, till the date of transfer of the property to the petitioner. It is also evident that the petitioner only seeks to use the land for residential purposes, which is an activity permitted as per the assignment. It is also evident that whoever resides in the property will be a successor-in-interest, since alienation is permitted.”

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From the afore judgment, it is clear that if construction of residential buildings are permitted in the patta, then Building Permit application cannot be rejected on that ground.

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In view of the above, the writ petitions are disposed of directing the 2^nd respondent-Secretary to the Grama

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W.P(C) Nos.7746 and
7721 OF 2023

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Panchayat to consider the Building Permit applications submitted by the petitioners on merits, if construction of residential building is permissible under the patta in respect of the lands. The Secretary shall pass appropriate orders within a period of one month from the date of production of a copy of this judgment along with a copy of the patta by the petitioners.

Sd/-

N.NAGARESH JUDGE

ded

W.P(C) Nos.7746 and
7721 OF 2023

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¶54

APPENDIX OF WP(C) 7746/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF DOCUMENT NO. 241/2015
DATED 31.01.2015 OF S.R.O. KODALY
EXHIBIT P2TRUE COPY OF LAND TAX RECEIPT DATED
19.12.2022 ISSUED BY THE VILLAGE
OFFICER, VARANTHARAPILLY VILLAGE

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EXHIBIT P3TRUE COPY OF COMMUNICATION NO.A4-
7128/2021 DATED 04-10-2021 ISSUED BY
THE 2ND RESPONDENT

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EXHIBIT P4TRUE COPY OF THE COMMUNICATION NO.B1-
11879/2021 DATED 25-10-2021 ISSUED BY
THE 2ND RESPONDENT

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EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED
30.03.2022 IN W.P.(C)NO.7362 OF 2022
EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED
10.05.2022 IN W.P.(C)NO. 4782 OF 2022
EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED
14.06.2022 IN W.P.(C)NO.16226 OF 2022

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W.P(C) Nos.7746 and
7721 OF 2023

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¶62

APPENDIX OF WP(C) 7721/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF DOCUMENT NO. 241/2015
DATED 31-01-2015 OF S.R.O. KODALY

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EXHIBIT P2TRUE COPY OF LAND TAX RECEIPT DATED
01-07-2022 ISSUED BY THE VILLAGE
OFFICER, VARANTHARAPILLY VILLAGE.

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EXHIBIT P3TRUE COPY OF COMMUNICATION NO.A4-
7130/2021 DATED 04-10-2021 ISSUED BY
THE 2ND RESPONDENT.

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EXHIBIT P4TRUE COPY OF COMMUNICATION NO.B1-
11880/2021 DATED 25-10-2021 ISSUED BY
THE 2ND RESPONDENT.

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EXHIBIT P5TRUE COPY OF JUDGMENT DATED 30.03.2022
IN W.P.(C)NO.7362 OF 2022

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EXHIBIT P6TRUE COPY OF JUDGMENT DATED 10.05.2022
IN W.P.(C)NO. 4782 OF 2022
EXHIBIT P7TRUE COPY OF JUDGMENT DATED 14.06.2022
IN W.P.(C)NO.16226 OF 2022

T.K.Sukumaran, v. 1. Varantharapilly Grama Panchayat

Case brief

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T.K.Sukumaran, v. 1. Varantharapilly Grama Panchayat

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