A writ petition challenging a Municipality's demand for an additional fee under the Kerala Conservation of Paddy Land and Wetland Rules. The court directed the Municipality to take a decision within a month on the petitioner's application for an Occupancy Certificate and assignment of a building number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
WP(C) NO. 1226 OF 2024
PETITIONER:
ABDUL MANAF, AGED 52 YEARS S/O. SAIDU MOHAMMED, CHEMBALAKKATTIL HOUSE, IRINGAPPURAM, KOTTAPADI, CHAVAKKAD, THRISSUR, PIN - 680103
BY ADVS. V.V.JOY RAMAKRISHNAN M.N.
RESPONDENTS:
SREI.V.N.HARIDAS, SC, SMT.AMMINIKUTTY K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1226 OF 2024 2
JUDGMENT
The petitioner challenges Ext.P11 order issued by the Municipality demanding an additional fee under Note 1 to Rule 12 (9) of the Kerala Conservation of Paddy Land and Wetland Act and Rules.
2 . The learned counsel for the petitioner relying on Ext.P12 judgment in WP(C) No.35746/2016 dated 29.05.2017 submits that Ext.P11 cannot be sustained as his Form-6 application was allowed as per Ext.P8 order. It is also submitted on behalf of the petitioner that, the building permit was granted to the petitioner in the year 2013. The building was completed even before the amendment to the Kerala Conservation of Paddy Land and Wetland Act, 2008. It is also submitted that the extent of the property is 4.96 Ares. The petitioner relies on the findings in Ext.P12 judgment to contend that since the land was not included in the data bank, the application for a building permit had to be considered.
3 . In view of the above, there will be a direction to the Municipality to take a decision on the application dated 01.04.2017 preferred by the petitioner for an Occupancy Certificate and for assigning a building number within a month from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/- MOHAMMED NIAS C.P. JUDGE
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WP(C) NO. 1226 OF 2024 3
APPENDIX OF WP(C) 1226/2024
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER DATED 20.07.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 10.07.2017 TO THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.26044/2017 DATED 18.08.2017 Exhibit P4 A TRUE COPY OF THE REPORT DATED 19.12.2017 ISSUED BY THE KSREC Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C).NO.5049/2018 DATED 22.07.2022 Exhibit P6 A TRUE COPY OF THE ORDERS PASSED BY THE 3RD RESPONDENT DATED 03.09.2022 Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CON. CASE(C). NO.2320/2022 DATED 19.12.2022 Exhibit P8 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 07.01.2023 Exhibit P9 A TRUE COPY OF THE NOTICE NO.BA.407/1314 DATED 27.01.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C).NO.5088/2023 DATED 02.03.2023 Exhibit P11 A TRUE COPY OF THE ORDERS PASSED BY THE 3RD RESPONDENT DATED 10.04.2023 Exhibit P12 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.35746/2016 DATED 29.05.2017
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO J UDGE
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2 issues framed by the court
Whether the Municipality can demand an additional fee under Note 1 to Rule 12(9) despite the petitioner's Form-6 application having been allowed?
Should the Municipality decide the petitioner's application for Occupancy Certificate and building number assignment?
2 provisions across 2 enactments
Abdul Manaf
State of Kerala, represented by Secretary to Government, Local Self Government Department
Guruvayur Municipality
The Secretary, Guruvayur Municipality
Revenue Divisional Officer, Ayyanthole, Thrissur
Local Level Monitoring Committee, Pookode Village
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
