High Court of KeralaSingle JudgePetition disposed of; Exts.P14, P15, and P19 qu...

B. Jayakumar v. State of Kerala and others

Case / Petition Number:WP(C).No. 19296 of 2013 (J)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.V.RAMAKRISHNA PILLAI
Judgment Date
2014-07-14
Court Decision / Holding
Quashed Exts.P14, P15 and P19; directed the Panchayat to permit the petitioner to proceed with construction on the strength of the permit already issued.
Final Disposition
Petition disposed of; Exts.P14, P15, and P19 quashed; respondent Panchayat directed to permit construction based on the existing permit.

Parties to the Case

Appellants / Petitioners

  • B. Jayakumar

Respondents

  • State of Kerala
  • Revenue Divisional Officer, Kollam Revenue Division
  • Additional Tahsildar, Kollam Taluk
  • Village Officer, Kottamkara Village
  • Secretary, Kottamkara Grama Panchayath
  • Agricultural Officer, Krishi Bhavan, Kottamkara Chandanathope P.O.
  • Secretary, Peroor B-Ward Nellulpadaka Samithy
  • Assistant Engineer, L.S.G.D Section, Kottamkara Grama Panchayath
  • District Collector, Kollam District (impleaded)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri P. Parameswaran Nair
  • • Sri John T. Paul

Counsels for Respondents

  • • Sri Abhilash Leslie
  • • Sri Pratheesh P

Case Synopsis & Summary

This writ petition challenges Exts.P14, P15 and P19, which cancelled the building permit previously granted to the petitioner for construction on a 4-cent plot in Kollam district described as reclaimed paddy land in revenue records. The petitioner, an ex-CRPF personnel, submitted an application for a building permit; the permit was issued after due enquiries, and a possession certificate was issued by the Village Officer describing the land as 'Purayidom'. While construction was in progress, the 5th respondent issued a show cause and the 2nd and 3rd respondents pursued action under the Paddy Land and Wetland Act, cancelling the permit on the ground that the land is described as a paddy field in revenue records; the 6th and 7th respondents reported that the land has trees and is not suitable for paddy cultivation; Ext.P14 canceled the possession certificate; Ext.P19 revoked the permit. The petitioner contends that circulars (Ext.P18) govern building permits in reclaimed paddy land and that current land status should be considered; reliance was placed on Mohammed Abdul Basheer, Sunil, and Jalaja Dileep. The High Court found that present land condition demonstrates the land is reclaimed and not a paddy field, allowing construction to proceed on the basis of the original permit and quashing the challenged orders. The Court’s reasoning anchors on the land’s current status rather than its past revenue description, reinforcing that building permissions in reclaimed land can proceed if the facts justify it.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland ActKerala Conservation of Paddy Land and Wetland Rules

Legal Doctrines & Maxims

  • Present position of the land has to be taken into consideration (Mohammed Abdul Basheer C.P v. State of Kerala)
  • The applicant can choose the best land suited for construction (Sunil v. Killimangalam-Panjal Ward Nellulpadaka Samooham)
  • Description in title deed or revenue records not crucial if land is reclaimed (Jalaja Dileep v. Revenue Divisional Officer)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel argued that Ext.P18 circulars govern building permits in reclaimed paddy land and that the current physical status shows the land is not a paddy field; photographs (Ext.P21) show nearby residential development, suggesting permissible usage; the permit was issued after due enquiry and revoked in error by relying on revenue records that describe the land as paddy field. The petitioner contended that the decision to revoke ignored the present land status and applicable circulars, and that the land is reclaimed. The counsel relied on Mohammed Abdul Basheer and Jalaja Dileep to emphasize the need to consider the land’s present condition rather than its historic description; urged the Court to quash Exts.P14, P15, P19 and permit construction to proceed.

Contentions of Respondents

The respondents argued that revenue records describe the land as a paddy field, justifying cancellation under the Paddy Land and Wetland Act; the 3rd respondent cancelled the possession certificate; the 2nd respondent issued the Act-based order. They asserted that reliance on current status must align with statutory requirements and that the authorities acted within their powers; they relied on Exts.P14, P15 and P19 as valid actions under the statutory scheme.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Mohammed Abdul Basheer C.P v. State of Kerala and another2012(3) KLT 86PositiveCourt relied on the principle that the present position of the land must be considered; if facts justify, permission to construct may be granted.
Sunil v. Killimangalam-Panjal Ward Nellulpadaka Samooham2012(4) KLT 511PositiveHeld that the applicant can choose the best land suited for construction, supporting the petitioner's position on land suitability.
Jalaja Dileep v. Revenue Divisional Officer2012(3) KLT 333PositiveStated that description in title deed or revenue records is not crucial if land is reclaimed, aligning with the petitioner's factual findings.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** ## **MONDAY, THE 14TH DAY OF JULY 2014/23RD ASHADHA, 1936** ## **WP(C).No. 19296 of 2013 (J)** ## **----------------------------------------** ## **PETITIONER :** ## **---------------------** **B.JAYAKUMAR, EDAYILA VEEDU, T.K.M.C P.O, PEROOR, KOLLAM DISTRICT, PIN - 691 005.** **BY ADVS.SRI.P.PARAMESWARAN NAIR SRI.JOHN T.PAUL** ## **RESPONDENTS :** ## **-------------------------** **1. STATE OF KERALA,** - **REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** **2. THE REVENUE DIVISIONAL OFFICER, KOLLAM REVENUE DIVISION, KOLLAM DISTRICT, PIN - 695 001.** **3. THE ADDITIONAL TAHSILDAR,** - **KOLLAM TALUK, KOLLAM DISTRICT, PIN - 695 001.** **4. THE VILLAGE OFFICER,** - **KOTTAMKARA VILLAGE, KOLLAM DISTRICT, PIN - 691 005.** **5. THE SECRETARY, KOTTAMKARA GRAMA PANCHAYATH, KOLLAM DISTRICT, PIN - 691 005.** **6. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KOTTAMKARA, CHANDANATHOPE P.O., KOLLAM DISTRICT, PIN - 691 005.** **7. THE SECRETARY, PEROOR B-WARD NELLULPADAKA SAMITHY, KOTTAMKARA, KOLLAM DISTRICT, PIN - 691 005.** **8. THE ASSISTANT ENGINEER, L.S.G.D SECTION, KOTTAMKARA GRAMA PANCHAYATH, KOLLAM DISTRICT, PIN - 691 005.** ## *** ADDITIONAL R9 IMPLEADED** **--------------------------------------------------** ## **9. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, PIN -691 001.** - **IS IMPLEADED AS PER ORDER DATED 19.11.2013 IN I.A.NO. 15242 OF 2013.** **R1 TO R4, R6 & ADDL.R9 BY GOVERNMENT PLEADER SRI.ABHILASH LESLI R5 BY ADV. SRI.PRATHEESH.P** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** Msd. ## **WP(C).No. 19296 of 2013 (J)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS:** **--------------------------------------** - **EXHIBIT P1 : TRUE COPY OF THE BUILDING PERMIT DATED 12.12.2011.** - **EXHIBIT P2 : TRUE COPY OF THE SALE DEED NO. 1810 DATED 15.09.1988.** - **EXHIBIT P3 : TRUE COPY OF THE SALE DEED NO. 2906 DATED 25.08.1983.** - **EXHIBIT P4 : TRUE COPY OF THE SALE DEED NO. 1950 DATED 29.08.1986.** - **EXHIBIT P5 : TRUE COPY OF THE LAND TAX RECEIPT NO. 2135780 DATED 03.09.2013.** - **EXHIBIT P6 : TRUE COPY OF THE ABOVE POSSESSION CERTIFICATE NO. 10135/11 DATED 30.11.2011.** - **EXHIBIT P7 : TRUE COPY OF THE POSSESSION CERTIFICATE NO. 5745/09 DATED 25.08.2009.** - **EXHIBIT P8 : TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 5TH RESPONDENT.** - **EXHIBIT P9 : TRUE COPY OF THE TAX REPLY TO THE SHOW-CAUSE NOTICE FILED BY THE PETITIONER DATED 26.04.2013.** - **EXHIBIT P10: TRUE COPY OF THE PANCHAYATH RECEIPT OF REPLY DATED 29.04.2013.** - **EXHIBIT P11: TRUE COPY OF THE INSPECTION REPORT BY THE 6TH RESPONDENT DATED 24.04.2013.** - **EXHIBIT P12: TRUE COPY OF THE REPORT BY THE 7TH RESPONDENT DATED 22.04.2013.** - **EXHIBIT P13: TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 19.04.2013.** - **EXHIBIT P14: TRUE COPY OF THE CANCELLATION ORDER ISSUED BY THE 3RD RESPONDENT DATED 17.06.2013.** - **EXHIBIT P15: TRUE COPY OF THE PROHIBITION ORDER ISSUED BY THE 2ND RESPONDENT DATED 24.05.2013.** - **EXHIBIT P16: TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT DATED 01.07.2013.** - **EXHIBIT P17: TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 01.07.2013.** - **EXHIBIT P18: TRUE COPIES OF THE GOVERNMENT CIRCULARS.** - **EXHIBIT P19: TRUE COPY OF THE LETTER ISSUED BY THE 8TH RESPONDENT DATED 12.06.2013.** Msd. **WP(C).No. 19296 of 2013 (J)** **EXHIBIT P20: TRUE COPY OF THE LETTER NO.A5-4987/13 ISSUED BY THE 5TH RESPONDENT DATED 15.06.2013.** **EXHIBIT P21: TRUE COPIES OF THE PHOTOS OF THE PETITIONER'S PROPERTY.** **EXHIBIT P22: TRUE COPY OF THE ORDER PASSED BY THE 9TH RESPONDENT DATED 10.10.2013.** **EXHIBIT P23: TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT ALONG WITH THE PETITIONER'S LETTER DATED 12.12.2013.** **EXHIBIT P24: TRUE PETITIONER'S LETTER DATED 02.07.2013 TO THE 6TH RESPONDENT.** **EXHIBIT P25: TRUE COPY OF THE LETTER NO.KBKM 10/2013-14 DATED 22.07.2013 BY THE 6TH RESPONDENT.** ## **RESPONDENT(S)' ANNEXURES & EXHIBITS :** **ANNEXURE R4(A) : A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK.** **ANNEXURE R4(B) : A TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, KOLLAM NO.L10-46191/2013 DATED 10.10.2013. EXHIBIT R5(A) : THE COPY OF THE COMPLAINT DATED 16.03.2013 FILED BY THE PUBLIC BEFORE THE DISTRICT COLLECTOR. EXHIBIT R5(B) : THE COPY OF THE LETTER NO.A4046/2013 DATED 04.05.2013. EXHIBIT R5(C) : THE COPY OF THE LETTER NO.KBKM 10/2013-14 DATED 22.07.2013.** ## **//TRUE COPY//** **P.A.TO JUDGE.** Msd. ## **A.V.RAMAKRISHNA PILLAI, J.** = = = = = = = = = = = = = = = W.P(C) No.19296 of 2013 = = = = = = = = = = = = = = = Dated this the 14[th] day of July, 2014 ## **JUDGMENT** This writ petition is filed praying to quash Exts.P14, P15 and P19 by which the petitioner's application for building permit was rejected, is under challenge in this writ petition. 2. The petitioner alleges that he is an Ex-CRPF personnel. He submitted application for building permit before the respondents which was granted as per Ext.P1 after due enquiries and complying with all procedural formalities. He further alleges that the property in respect of which the permit was granted is having an area of 4 cents as per Ext.P2 sale deed. In Ext.P2 the description of the property is shown as reclaimed paddy land with trees. The petitioner alleges that the Village Officer issued possession certificate for the building permit by mentioning the nature of the property as 'Purayidom'. WP(C).19296/13 **-:2:-** 3. Thereafter the petitioner started construction. He alleges that when the work as going on, the 5[th] respondent issued Ext.P8 show cause notice for cancelling the permit as the 4[th] respondent who is the Village Officer requested to cancel the permit for the reason that the land is described as a paddy field in the revenue records. 4. As the property was reclaimed paddy land, the petitioner requested the Local Level Monitoring Committee to inspect the property and the 6[th] respondent inspected the property and by Ext.P11 reported that there are several trees having the growth of 10 years and the 7[th] respondent also reported that the property is not suitable for paddy cultivation by Ext.P12. 5. In the meantime, the 3[rd] respondent by Ext.P14 cancelled the possession certificate issued by the Village Officer for building permit on the ground that as per the revenue records the property is described as paddy field. Thereafter, the 2[nd] respondent issued a Ext.P15 order under the Kerala Conservation of Paddy Land and WP(C).19296/13 ## **-:3:-** Wetland Act on a report by the 6[th] respondent for violation of the provisions of the Act. However, without considering Ext.P18 circulars wherein the issue of building permits in reclaimed paddy land is governed, the 8[th] respondent revoked the building permit by Ext.P19. It is with this background, the petitioner has approached this Court. 6. The 4[th] respondent as well as the 5[th] respondent filed counter affidavits refuting the allegations in the writ petition. 7. Arguments have been heard. 8. The learned counsel for the petitioner, inviting my attention to Ext.P21 photographs, submitted that in the nearby locality residential houses were constructed. Ext.P5 photos show the present nature of the land of the petitioner and the neighbouring houses. The learned counsel for the petitioner submitted that previously, permission was granted and subsequently, it was withdrawn on the ground that as per the revenue records the property is described as **-:4:-** WP(C).19296/13 paddy field. ## 9. The decision of this Court in **Mohammed Abdul Basheer** **C.P** _**.**_ v. **State of Kerala and another** [2012(3) KLT 86] lays down the principle that the present position of the land has to be taken into consideration and on ascertaining these facts, permission can be granted to construct a house. 10. As per Ext.P21, it can be seen that the property is not a paddy land and it is having full of aged trees. That itself would show that the property in question is not a cultivating paddy field. It is settled position that the applicant can choose the best land suited for **th** construction of his building ( **Sunil** v. **Killimangalam-Panjal** ~~**5**~~ **Ward Nellulpadaka Samooham** [2012 (4) KLT 511]). Only if there is cultivation presently then it will be considered as cultivating paddy land so as to attract the provisions of the Kerala Conservation of Paddy Land and Wetland Act and Rules. 11. In **Jalaja Dileep** v. **Revenue Divisional Officer** [2012 (3) WP(C).19296/13 ## **-:5:-** KLT 333] this Court observed that the description in the title deed or in revenue records will not be crucial if the property is reclaimed already. The aforesaid legal position settled by this Court escaped the attention of the authorities while revoking the building permit. Therefore, this writ petition is disposed of quashing Exts.P14, P15 and P19. The respondent Panchayat is directed to permit the petitioner to proceed with the construction on the strength of the permit already issued. Sd/- **A.V.RAMAKRISHNA PILLAI JUDGE** krj /True Copy/ P.A to Judge