Christopher K. D. v. Velur Grama Panchayath

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 24TH DAY OF JUNE 2020 / 3RD ASHADHA, 1942** ## **WP(C).No.12373 OF 2020(V)** ## **PETITIONER/S:** **CHRISTOPHER K. D. AGED 24 YEARS S/O. DAVIS, KIDANGAN HOUSE, NADUVILANGADI, VELUR P. O., VELUR VILLAGE, KUNNAMKULAM TALUK, THRISSUR DIST., PIN - 680 601., PH - 9562556392.** **BY ADV. SRI.SHOBY K.FRANCIS** ## **RESPONDENT/S:** **1 THE VELUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, OFFICE OF THE VELUR GRAMA PANCHAYATH, VELUR P. O. - 680601, THRISSUR DISTRICT. 2 SECRETARY VELUR GRAMA PANCHAYATH, VELUR P. O., PIN - 680601, THRISSUR DISTRICT.** ## **OTHER PRESENT:** **SRI.M.PREMCHAND, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.12373 OF 2020(V) ..2.. ## **ALEXANDER THOMAS, J.** -------------------------------------------------WP(C) No. 12373 of 2020 -------------------------------------------------Dated this the 24[th] day of June, 2020 ## **J U D G M E N T** The petitioner is the absolute owner in possession of a property of below 5 cents comprised in Sy.No.1453/1p and Sy.No.1452/1p of Velur Village. In Exts.P1 and P2 tax receipts, four cents of property comprised in Sy.No.1453/1p has been shown as “purayidom” and the one cent of property comprised in Sy.No.1452/1p has been shown as “nilam” respectively. He applied for NOC to construct a residential building having a plinth area of 87.52 M[2] within the 4 cents of property, which is shown as “purayidom” in the BTR. When he constructed a basement of the compound wall before starting the construction on getting NOC, the 2[nd] respondent – Secretary, Velur Grama Panchayath issued Exts.P5 and P6 under Section 235 W (3) of the Kerala Panchayath Raj Act, 1994, directing the petitioner to demolish the construction within 15 days of notice on the ground that the petitioner started the construction of the residential building without obtaining the building permit under Rule 4 of the KPBR, 2011 and violating the provisions of the WP(C).No.12373 OF 2020(V) **==> picture [20 x 8] intentionally omitted <==** Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, “the Act of 2008”). The petitioner has filed Ext.P7 reply and objection against Exts.P5 and P6, contending that he has not constructed any building in the land having an extent of one cent, which is wrongly shown as 'nilam' in the BTR, but constructing a residential building in the property having an extent of four cents, which is clearly shown as 'purayidom' in the BTR. According to him, since the total plinth area of the building applied for NOC is below 100 m[2] , a building permit is not required under Rule 4 of the KPB Rules, 2011. He further contended that under Rule 10(xiii) of Chapter II of the KPB Rules, 2011 as well as under Rule 132 and 133(1) of Chapter XXI f the KPB Rules, 2011, there is no need to obtain a building permit for constructing a residential building below total plinth area of 100 m[2] . It is also pointed out that under Section 27A(6) of the Act of 2008, even for constructing a residential house in a property having an extent of 4.04 Ares of unnotified land, no permission is required. Therefore, according to the petitioner, no permission from the RDO or from the LLMC is required. 2. It is in the light of the above averments, the petitioner has filed the instant writ petition with the following prayers; WP(C).No.12373 OF 2020(V) ..4.. “i. Issue a writ of certiorari and quash Exhibits P-5 and P-6 and its all further proceedings. ii. Issue a Writ of mandamus directing the respondents to issue NOC to the petitioner to construct a residential building in the 4 cents of Purayidom property situated in Survey No. 1453/P1 of Velur village in accordance with the Exhibit P-4 building plan on the basis of the Exhibit P-3 application. iii. Issue a Writ of mandamus directing the respondents to consider and dispose of the Exhibit P-7 objection and pass orders thereon after hearing the petitioner and after conducting the physical verification and identification of the 4 cents of purayidom property of the petitioner situated in Survey No. 1453/P1 of Velur village, within a time limit. iv. Declare that, for the construction of a residential building having a plinth are less than 100 M[2] situated in land having a total extent of less than 10 cents, no building permit is required under Rule 4, Rule 10(xiii) of Chapter II and as well as under Rule 132 and 133(1) of Chapter XXI of the KPB Rules, 2011 and also declare that no permission of the LLMC concerned is required under Sec.27A(6) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, even for constructing a residential house in an extend of 4.04 areas of un notified land by issue a Writ of mandamus or any other appropriate Writ, Direction or Order. v. Issue such other relief as this Hon'ble Court may think deem fit and award cost f this Petition to the petitioner.” 3. Heard Sri.Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.M.Premchand, the learned Standing Counsel appearing for the respondents – Velur Grama Panchayath. 4. Sri.Shoby K. Francis, the learned counsel appearing for the petitioner made submissions in tune with the averments in the writ petition. 5. Sri.M.Premchand, the learned Standing Counsel for the respondents, submitted, on instructions, that it is reliably learnt WP(C).No.12373 OF 2020(V) **==> picture [20 x 8] intentionally omitted <==** that the petitioner has two properties having an extent of one cent and four cents each, which are adjoining each other, and that the four cents of property is described as 'purayidom' in the BTR while the one cent of property is described as 'nilam'. Further, it is also learnt that an objector has filed an objection before the District Collector alleging that the petitioner is taking steps to make construction of a residential building in the said one cent of property, which is described as 'nilam' in the BTR and that the said subject property is also included in the draft data bank as 'nilam'. The learned Standing Counsel further submits that in case the petitioner submits a revised application and a revised building plan to show that he is confining his construction activity only in the property, which is shown as 'purayidom' in the BTR and that then, the request of the petitioner would be considered in accordance with law. 6. The learned counsel appearing for the petitioner submits that the petitioner has also taken the very same stand in Ext.P7 reply that he is confining his construction only to the said property, which is shown as 'purayidom' in the BTR and that he is prepared to file a proper application for grant of NOC in that regard along with a building plan as he intends to make the construction of a building WP(C).No.12373 OF 2020(V) ..6.. having a plinth area of 87.52 M[2] and since it is below the threshold area of 100 M[2] , building permit is not required in terms of Rule 4 of the KPBR, 2011. He further submits that the petitioner is immediately filing such an application for grant of NOC and a revised building plan confining his request for making construction only in the land, which is described as 'purayidom' in the BTR so as not to exceed the threshold area of 100 M[2] so that a building permit is not required in terms of Rule 4 of the KPBR, 2011 and the other Rules mentioned herein above. 7. In view of the above, it is ordered that on the petitioner filing such an application for grant of NOC as now undertaken, the 2[nd] respondent – Secretary, Velur Grama Panchayath will take up for consideration the said revised application as also the matters raised in Ext.P7 representation dated 16.06.2020 and take a considerable decision on such plea of the petitioner, without much delay, preferably within a period of one month from the date of receipt of certified copy of this judgment. The petitioner will ensure that while filing such a revised application for grant of NOC for construction of the building, a certified copy of the judgment along with copies of the memorandum of the writ petition and all exhibits are also produced before the 2[nd] respondent – Secretary, WP(C).No.12373 OF 2020(V) **==> picture [20 x 8] intentionally omitted <==** Velur Grama Panchayath for necessary information and further action. 8. Until orders are passed by the 2[nd] respondent – Secretary, Velur Grama Panchayath, all further proceedings pursuant to Exts.P5 and P6 shall be kept in abeyance. However, in case the petitioner does not file a revised application for grant of NOC within the time limit of two weeks from the date of receipt of certified copy of this judgment, the order of this Court to keep in abeyance all further proceedings pursuant to Exts.P5 and P6 will stand automatically vacated without any further orders from this Court. With these observations and directions, this WP(C) stands accordingly disposed of. Sd/- **ALEXANDER THOMAS JUDGE** bka/ WP(C).No.12373 OF 2020(V) ..8.. ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.05.2020 ISSUED BY THE VILLAGE OFFICER, VELUR.** **EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.11.2019 ISSUED BY THE VILLAGE OFFICER.** **EXHIBIT P3** **TRUE COPY OF THE APPLICATION FOR NOC TO CONSTRUCT THE RESIDENTIAL BUILDING DATED 22.5.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** **EXHIBIT P4 TRUE COPY OF BUILDING PLAN SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED NIL.** - **EXHIBIT P5 TRUE COPY OF ORDER OF DEMOLITION DATED 1.6.2020 IN A4-2391/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P6** **TRUE COPY OF THE NOTICE OF DEMOLITION DATED 1.6.2020 IN A4-2391/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P7 TRUE COPY OF THE REPLY CUM OBJECTION DATED 16.06.2020 TO THE EXHIBITS P5 AND P6 ORDER OF DEMOLITION SUBMITTED TO THE 2ND RESPONDENT.**