Petitioners' construction under a building permit was stopped on the allegation that their land was wetland requiring permission under the Kerala Conservation of Paddy Land and Wetland Act. During the writ proceedings they filed a Form-5 application; the court directed the Local Level Monitoring Committee to decide it within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 15209 OF 2018
PETITIONERS:
1 E.SUKUMARAN, S/O.APPUNNU, IRULKUNNUMMEL HOUSE, MUKKKOM PO, PIN 673 602, KOZHIKODE DISTRICT.2 T.SHIHABUDEEN, S/O.MUHAMMED,THADATHIL HOUSE, KODAVALLY PO, PIN 673 572, KOZHIKODE DISTRICT.BY ADVS.
SRI.P.T.MOHANKUMAR
SRI.C.M.ANDREWS
SMT.ANITYA ANNIE MATHEW
SMT.BOBY M.SEKHAR
KUM.LAYA MARY JOSEPH
SMT.NEETHU RAVIKUMAR
SMT.REVATHY P. MANOHARAN
SRI.SHYAM PADMAN
RESPONDENTS:
1 VAZHAYUR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,KARAD PARAMBA PO, PIN 673632,MALAPPURAM DISTRICT.
2 SECRETARY VAZHAYUR GRAMA PANCHAYAT,KARAD PARAMBA PO, PIN 673632,MALAPPURAM DISTRICT3**THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE CONVENOR THE AGRICULTURAL
OFFICER, VAZHAYUR,AGRICULTURE OFFICE VAZHAYUR,
MALAPPURAM -673 639.
4 REVENUE DIVISIONAL OFFICER, TIRUR, OFFICE OF THE RDO, TIRUR-THRIKANDIYOOR ROAD, TIRUR,PIN -676 101, MALAPPURAM DISTRICT
WP(C) NO.15209 OF 2018
2
[**RESPONDENTS 3 & 4 ARE IMPLEADED AS PER ORDER
DATED 06.06.2024 IN I.A. No.1 OF 2023 IN W.P.(C)
No.15209 OF 2018]
OTHER PRESENTS
SRI. BIMAL K.NATH – Sr.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.15209 OF 2018
3
M.A. ABDUL HAKHIM, J.
--------------------------------
W.P.(C) No. 15209 of 2018
--------------------------------
Dated this the 6th day of June, 2024
JUDGMENT
permit was given to the petitioners and when the petitioners started construction on the strength of Ext.P3 building permit, Ext.P6 stop memo was issued to stop the construction on the allegation that the land is a wetland and the petitioner is to produce permission under the Kerala Conservation of Paddy Land and Wetland Act, 2008. During pendency of this writ petition, the petitioners have submitted Form-5 application to the additional respondent No.3 on 03.01.2023.
Sd/-
M.A. ABDUL HAKHIM, JUDGE
S.M.K.
WP(C) NO.15209 OF 2018
4
APPENDIX OF WP(C) 15209/2018
PETITIONERS’ EXHIBITS
Exhibit P-1 |
TRUENo.4 |
COPY OF270/2016 |
THEIN F |
SALE DEED,REGISTERED ASAVOUR OF THE PETITIONERS |
|---|---|---|---|---|
EXHIBIT P2 |
TRUE177015.1 |
COPY5/2014 O2.2014 |
OF TF TH |
HE JUDGMENT IN WPC.NO.IS HON'BLE COURT, DATED |
EXHIBIT P3 |
TRUEBY T |
COPY OFHE 2ND RE |
THESPON |
BUILDING PERMIT, ISSUEDDENT DATED 03.06.2015 |
EXHIBIT P4 |
TRUETHEBUIL |
COPY OF1ST PETDING PERM |
THEITIONIT D |
APPLICATION SUBMITTED BYER FOR TRANSFERRING THEATED 05.03.2018 |
EXHIBIT P 5 |
TRUETHEPERM |
COPY OFVENDORSIT DATED |
THEFOR17.0 |
APPLICATION SUBMITTED BYTRANSFERRING THE BUILDING4.2018 |
EXHIBIT P6 |
TRUETHE |
COPY OF2ND RESPO |
THENDEN |
STOPPAGE ORDER ISSUED BYT DATED 05.04.2018 |
EXHIBIT P7 |
TRUEBANK |
COPY OF |
THE |
RELEVANT PAGE OF THE DATA |
EXHIBIT P 8 |
TRUEFILE2023 |
COPY OFD BEFORE. |
THETHE |
APPLICATION IN FORM NO. 5RDO, TIRUR, DATED 03-01- |
1 issue framed by the court
Whether the LLMC should consider and pass orders on the petitioners' Form-5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
1 provisions across 1 enactments
E. Sukumaran
T. Shihabudeen
Vazhayur Grama Panchayat
Secretary, Vazhayur Grama Panchayat
Local Level Monitoring Committee, Vazhayur
Revenue Divisional Officer, Tirur
M.A. Abdul Hakhim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court