Dileep C.K. v. Mulakulam Grama Panchayat, The Secretary, Mulakulam Grama Panchayat, Revenue Divisional Officer, Pala (WP(C).No.13033/2019; WP(C).No.13035/2019; WP(C).No.13044/2019)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** # **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** # **WP(C).No.13033 OF 2019(D)** ## **PETITIONER/S:** **DILEEP C.K., AGED 37 YEARS S/O. KUTTAPPAN, PERUVA P.O, MULAKULAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 610 BY ADV. SRI.P.M.ZIRAJ** ## **RESPONDENT/S:** |**1**|**MULAKULAM GRAMA PANCHAYAT,**| |---|---| ||**PERUVA P.O, VAIKOM TALUK,**| ||**KOTTAYAM DISTRICT, PIN 686 610,**| ||**REPRESENTED BY ITS SECRETARY, PIN 686 610**| |**2**|**THE SECRETARY, MULAKULAM GRAMA PANCHAYATH,**| ||**PERUVA P.O, VAIKOM TALUK, KOTTAYAM DISTRICT,**| ||**PIN 686 610**| |**3**|**THE REVENUE DIVISIONAL OFFICER,**| ||**PALA, KOTTAYAM DISTRICT, PIN 686 574**| ||**R1-2 BY ADV. SRI.ALEX.M.SCARIA**| ||**R3 BY GOVERNMENT PLEADER**| ||**SR.GP. K.AMMINIKUTTY**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, ALONG WITH WP(C).13035/2019(D), WP(C).13044/2019(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 13033,13035&13044/19 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** ## **WP(C).No.13035 OF 2019(D)** ## **PETITIONER/S:** **PRAKASH.G, AGED 47 YEARS S/O. GOVINDAN T.V, THOOKAMATTATHIL, PEREUVA P.O, MULAKKULAM VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ** ## **RESPONDENT/S:** |**1**|**MULAKULAM GRAMA PANCHAYAT, PERUVA P.O,**| |---|---| ||**VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 610,**| ||**REPRESENTED BY ITS SECRETARY, PIN 686 610**| |**2**|**THE SECRETARY, MULAKULAM GRAMA PANCHAYATH,**| ||**PERUVA P.O, VAIKOM TALUK, KOTTAYAM DISTRICT,**| ||**PIN 686 610**| |**3**|**THE REVENUE DIVISIONAL OFFICER,**| ||**PALA, KOTTAYAM DISTRICT, PIN 686 574**| ||**R1-2 BY ADV. SRI.ALEX.M.SCARIA – SC**| ||**SR GP – SMT.K.AMMINIKUTTY**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, ALONG WITH WP(C).13033/2019(D), WP(C).13044/2019(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 13033,13035&13044/19 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** ## **WP(C).No.13044 OF 2019(E)** ## **PETITIONER/S:** **DR.SMITHA MAHESH, AGED 39 YEARS W/O.MAHESH, MIDHILA, NETTOOR P.O., MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.** **BY ADV. SRI.P.M.ZIRAJ** ## **RESPONDENT/S:** |**1**|**MULAKULAM GRAMA PANCHAYAT, PERUVA P.O.,**| |---|---| ||**VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 610,**| ||**REPRESENTED BY ITS SECRETARY, PIN - 686 610.**| |**2**|**THE SECRETARY, MULAKULAM GRAMA PANCHAYATH,**| ||**PERUVA P.O., VAIKOM TALUK, KOTTAYAM DISTRICT,**| ||**PIN - 686 610.**| |**3**|**THE REVENUE DIVISIONAL OFFICER,**| ||**PALA, KOTTAYAM DISTRICT, PIN- 686 574.**| ||**R1 BY ADV. ALEX.M.SCARIA**| ||**R2 BY ADV. SRI.ALEX.M.SCARIA**| ||**R3 BY GP- SMT. K.AMMINIKUTTY**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, ALONG WITH WP(C).13033/2019(D), WP(C).13035/2019(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 13033,13035&13044/19 4 ## **JUDGMENT** The petitioners impugn the first condition in Ext.P3 order issued by the Revenue Divisional Officer (RDO for short), under the provisions of Kerala Land Utilisation Order (KLU for short), asserting that it could not have been imposed in the said order because it relates only to an application under the Kerala Conservation of Paddy Land and Wetland Act ((herein after referred to as 'the Paddy Land Act' for short). 2. The petitioners submit that, as has been declared by this Court in **Geo Peter v.** **Revenue Divisional Officer, Muvattupuzha & Another [2019(4) KHC 400]** , an application under the KLU order made before 30.12.2017 can only be considered under the ambit of the said Order and not under the Paddy Land Act and therefore, that the condition, which is impugned therein, is unsustainable and untenable in law. 3. In response, the learned Government Pleader submits that even though the WPC 13033,13035&13044/19 5 petitioners' applications were made on 22.11.2017 & 02.11.2017, Ext.P3 was issued much later, on 08.05.2018 & 21.01.2019 respectively. They say, therefore, that the condition, as imposed therein, which also incorporates those permitted under Section 27A of the Act, are permissible and pray that the order be left uninterdicted. 4. Even when I hear the learned Government Pleader on the afore lines, it is now well settled through the judgment in **Geo Peter** ( _supra_ ) that when an application, which is preferred before 30.12.2017, is considered by the RDO, he can only do so within the confines of the KLU Order and cannot impose any condition as are permitted under the Paddy Land Act. I, therefore, find favour with the petitioners' contention that the impugned condition is untenable and unsustainable in law. In the afore circumstances, I order this writ petition and set aside the condition in WPC 13033,13035&13044/19 6 Ext.P3 order and permit the petitioners to use the said order in any manner that they may choose fit as per law, including to approach the 3[rd] respondent for necessary action to number the building which shall be done by the said Authority in terms of law after following due procedure. I make it clear that based on Ext.P1, the petitioners will be at liberty to approach the Tahsildar appropriately under the Kerala Land Tax Act, 1961; in which event, the said application will be considered without any further delay. Needless to say, once the property is thus reassessed under the provisions of the Kerala Land Tax Act, order of the competent Tahsildar will be produced before the Secretary of the Panchayath, who will thereupon consider the application of the petitioners for Building Permit, in terms of law, without any avoidable delay thereafter, _de hors_ the first condition in Ext.P5, but on the petitioners comply with WPC 13033,13035&13044/19 7 the 2[nd] condition therein. **Sd/-** **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 13033,13035&13044/19 8 ## APPENDIX OF WP(C) 13033/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 22-11-2017 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 28-11-2017 IN WPC NO. 38161/2017 EXHIBIT P3 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 08-05-2018 UNDER CLAUSE 6(2) OF KERALA LAND UTILIZATION ORDER. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14-02-2019 IN W.P(C) NO. 8612 OF 2018 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT ON BEHALF OF THE FIRST RESPONDENT DATED 19-11-2018 WPC 13033,13035&13044/19 9 ## APPENDIX OF WP(C) 13035/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 22-11-2017 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 28-11-2017 IN WPC NO. 38197 OF 2017. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 08-05-2018 UNDER CLAUSE 6(2) OF KERALA LAND UTILIZATION ORDER. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14-02-2019 IN W.P(C) NO. 8612 OF 2018 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT ON BEHALF OF THE FIRST RESPONDENT DATED 19-11-2018. WPC 13033,13035&13044/19 10 ## APPENDIX OF WP(C) 13044/2019 ## PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 2/11/2017 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 28/11/2017 IN WPC NO.38190 OF 2017. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 21/1/2019 UNDER CLAUSE 6(2) OF KERALA LAND UTILIZATION ORDER. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14/02/2019 IN W.P. (C) NO9.8612 OF 2018. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT ON BEHALF OF THE FIRST RESPONDENT DATED 19/11/2018.