MAHADEVAN C.K v. REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THRISSUR; TAHSILDAR, CHAVAKKAD TALUK; VILLAGE OFFICER, BRAHMAKULAM VILLAGE; LOCAL LEVEL MONITORING COMMITTEE OF ELAVALLY GRAMA PANCHAYATH; ELAVALLY GRAMA PANCHAYATH; SECRETARY, ELAVALLY GRAMA PANCHAYATH

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 21ST DAY OF JULY 2020 / 30TH ASHADHA, 1942** ## **WP(C).No.11126 OF 2020(M)** ## **PETITIONER:** **MAHADEVAN C.K AGED 52 YEARS** **S/O. KUMARAN, CHEEROTH HOUSE, POOVATHUR DESOM, POOVATHUR PO, BRAHAMAKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, 680 508.** **BY ADV. SRI.SHOBY K.FRANCIS** ## **RESPONDENTS:** - **1 REVENUE DIVISIONAL OFFICER OFFICE OF THE RDO, COLLECTORATE, THRISSUR-680 003.** - **2 TAHSILDAR CHAVAKKAD TALUK, OFFICE OF THE TAHSILDAR, CHAVAKKAD PO, THRISSUR DISTRICT-680 506.** - **3 VILLAGE OFFICER BRAHMAKULAM VILLAGE, BRAHMAKULAM PO, THRISSUR DISTRICT-680 104.** - **4 LOCALLEVEL MONITORING COMMITTEE OF ELAVALLY GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, ELAVALLY KRISHI BHAVAN, CHITTATTUKARA PO, THRISSUR DITRICT-680 511.** - **5 ELAVALLY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ELAVALLY GRAMA PANCHAYATH, PANCHAYATH OFFICE, ELAVALLY, CHITATTUKARA P.O., THRISSUR DISTRICT-680 511.** 2 W.P(C) No. 11126 of 2020 **6 SECRETARY ELAVALLY GRAMA PANCHAYATH, PANCHAYATH OFFICE, ELAVALLY, CHITTATTUKARA P.O., THRISSUR DISTRICT-680 511.** **BY ADVS.** **SRI.SAIGI JJACOB PALATTY, SR.GOVT.PLEADER SRI.SANTHOSH.P.PODUVAL,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P(C) No. 11126 of 2020 ## ALEXANDER THOMAS, J. -----------------------------------W.P(C) No. 11126 of 2020 -----------------------------------Dated this the 21[st] day July, 2020 ## **JUDGMENT** The prayers in the above writ petition (Civil) are as follows: - _“(i). Issue a writ of mandamus directing 4[th] respondent to forward the Exhibit P-7 report of the LLMC to the 1st respondent forthwith, with in a time limit._ - _(ii) Issue a Writ of Mandamus directing the 1st respondent to consider the Exhibit P-7 report of the 4th respondent LLMC and take a decision to exclude the petitioner’s 10.17 cents of land (4.12 Ares) comprised in survey No. 192/2 of Brahamakulam village from the data Bank and to make necessary changes / additional entries in the BTR by showing the status of the property as Paramba or garden land or purayidom, within a time limit._ - _(iii) Issue a Writ of mandamus directing the 6th respondent to number the building constructed by the petitioner pursuant to Exhibit P-2 building permit and building mentioned in the Exhibit P-4 letter issued by the Panchayath, within a time limit immediately on receipt of the orders from the 1st respondent in this regard._ - _(iv) Issue a Writ of mandamus directing the respondents 2 and 3 to take follow up action to make changes in the revenue and village records pursuant to the order likely to be passed by the 1st respondent pursuant to Exhibit P-7 report of the LLMC in this regard, within a time limit._ - _(V). Issue such other relief this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”_ 2. Heard Sri.Shoby.K.Francis, learned counsel appearing for the petitioner, Sri.Santhosh.P.Poduval, learned Standing Counsel for Elavally Grama Panchayat appearing for R5 and R6 and Sri Saigi Jacob Palatty, learned Senior Government Pleader appearing for R1 4 W.P(C) No. 11126 of 2020 to R4. 3. The case of the petitioner is that he had secured Ext.P2 building permit dated 27-06-2014 from the 6[th] respondent Secretary of the Grama Panchayat for constructing a commercial building in the subject property concerned. That thereafter he had duly completed the construction and had submitted application dated 2502-2019 before the 6[th] respondent for granting building number to the constructed commercial building. That the 6[th] respondent Secretary of the Grama Panchayat has issued Ext.P4 order dated 2303-2019 ordering that since the subject property is described as ‘Nanja’, which is stated to be a category of paddy land, in the Basic Tax Register as per Ext.P1 and as a property has also been included in the land data bank as per Ext.P5, his request for grant of building number to the constructed building cannot be granted unless he obtains orders from the statutory revenue authorities like the 1[st] respondent RDO for permission for change of use of the land etc,. It is this order at Ext.P4 that is under challenge. 4. The case of the petitioner is that the subject property though continues to be described as ‘Nanja’ in the Basic Tax Register as per 5 ## W.P(C) No. 11126 of 2020 Ext.P1, has been converted as garden land or purayidam much prior to 12-08-2008 (date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008). Further that the nearby properties are all having lot of residential and commercial buildings and that the 6[th] respondent Secretary of the Elavally Grama Panchayat has granted Ext.P2 building permit on 27-06-2014 to the petitioner for constructing a commercial building in the subject property and has never raised any objection regarding the nature of the property when the construction is going on and for the first time the said objection has been raised by the 6[th] respondent only as per Ext.P4 order dated 23-03-2019 and that too in disposal of the petitioner’s application dated 25-02-2019 for granting number to the constructed building. 5. That according to the petitioner the issue is covered in favour of the petitioner by series judgments of this Court as in _**Mahin v. Keezhamad Grama Panchayat [2020 (2) KLT 478]**_ , wherein this Court has held in similar cases that where the Panchayat/Municipality/Local body concerned has granted building permit to make a construction in the subject property, which has 6 ## W.P(C) No. 11126 of 2020 been described as ‘nilam’ in the revenue records but has been converted prior to the coming into force of the 2008 Act, and objection regarding the nature of the land is raised for the first time after the completion of the construction etc., then local body concerned is estopped from raising such objection after granting the building permit and that raising such objections after the completion of the construction will not be reasonable and proper and in that case, directed the Panchayat authorities to consider the application of the petitioner for renewal of the building permit with revised plan without citing objections based on the nature of the land and strictly in terms of the provisions contained in the applicable building rules etc,. The abovesaid decision of this Court in _**Mahin’s case**_ (supra) has been followed by this Court in a series of similar cases. 6. In the instant case it is the admitted case of the respondents 5 and 6 that they have granted Ext.P2 building permit to the petitioner on 27-06-2014 to construct the commercial building in the subject property, and objections regarding the nature of the land has been raised for the first time only at the time of issuance of Ext.P4, whereby the request of the petitioner for grant of building number 7 ## W.P(C) No. 11126 of 2020 has been rejected citing this said objection regarding the nature of the land. 7. Accordingly this Court is inclined to take the view that the matter in issue is fully covered in favour of the petitioner as per the dictum laid down by this Court in decisions as in _**Mahin’s case**_ (supra) [2020 (2) KLT 478] and therefore the respondents 5 and 6 are legally estopped for raising such objection as in Ext.P4. It is also seen that now the 4[th] respondent Local Level Monitoring Committee of the Grama Panchayat concerned has allowed Ext.P6 application filed by the petitioner for exclusion of the subject property from the land data bank, as can be seen from Ext.P7 decision taken by the 4[th] respondent on 03-12-2019. However it appears that, further steps have already been taken by respondent 5 and 6 to get the gazette notification published in pursuance of Ext.P7 decision so as to actually exclude the subject property from the land data bank. 8. Taking note of the abovesaid facts and circumstances, the following directions and orders are passed: - _(i) The impugned Ext.P4 rejection order issued by R6 will stand set aside and quashed. The application dated 25-_ 8 ## W.P(C) No. 11126 of 2020 _02-2019 submitted by the petitioner for grant of building number to the constructed building covered by Ext.P2 building permit will stand remitted to the 6[th] respondent Secretary of the Grama Panchayat for consideration and decision afresh. In that regard, the 6[th] respondent will take up the matters raised by the petitioner in the said application dated 25-02-2019 for grant of building number and after affording reasonable opportunity of being heard to the petitioner should take a considered decision thereon, in accordance with the applicable building rules and without citing the objection based on the nature of the land. Orders in this regard should be duly passed by the 6[th] respondent Secretary of the Grama Panchayat, without much delay preferably within a period of one month from the date of production of a certified copy of this judgment._ - _(ii) Further it is ordered that respondents 5 and 6 as well as the Convenor of the 4[th] respondent LLLMC should take further steps to ensure that necessary notification is_ 9 ## W.P(C) No. 11126 of 2020 _issued so as to exclude the subject property from the land data bank in tune with the decision taken by the 4[th] respondent LLMC as per Ext.P7 dated 03-12-2019 and formalities in relation to the issuance of such notification shall be duly completed by the respondents 4 to 6 without any further delay at any rate within a period of two months from the date of production of a certified copy of this judgment._ 9. The petitioner will produce certified copies of the judgment along with copies of the memorandum of the W.P(C) with all the Exhibits before respondents 4 & 6 for necessary information and further action. With these observations and directions the above Writ Petition (Civil) will stand disposed of. ## **Sd/-** ## **ALEXANDER THOMAS** ## **JUDGE** KAS 10 W.P(C) No. 11126 of 2020 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE BTR EXTRACT DATED NIL ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 27.6.2014 TO THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.2.2019 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 23.3.2019 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE DRAFT DATA BANK DATED NIL ISSUED TO THE PETITIONER BY THE CONVENER OF THE 4TH RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED TO THE 4TH RESPONDENT LLMC UNDER RULE 4(2) (B) KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008.** **EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE DECISION TAKEN BY THE LLMC DATED 3.12.19.**