Vysakh George v Kodamthuruth Grama Panchayath and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944** ## **WP(C) NO. 5063 OF 2022** ## **PETITIONER:** VYSHAKH GEORGE, AGED 34 YEARS S/O. GEORGE KUTTY, KARIMANCHERY HOUSE, EZHUPUNNA SOUTH, ALAPPUZHA 688 537. BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA RAHUL.S JACQUELINE JACKSON GEORGE ROY NABIL KHADER ## **RESPONDENTS:** 1 KODAMTHURUTH GRAMA PANCHAYATH KUTHIYATHODU P.O., CHERTHALA, 688 533. REP. BY ITS SECRETARY. 2 THE SECRETARY, KODAMTHURUTH GRAMA PANCHAYATH, KUTHIYATHODU P.O., CHERTHALA, 688 533. 3 THE LOCAL MONITORING COMMITTE,KODAMTHURUTH GRAMA PANCHAYATH ( SOUGHT TO BE IMPLEADED ) REPRESENTED BY ITS CONVENOR , AGRICULTURAL OFFICER ,KRISHI BHAVAN ,KODAMTHURUTHU ( IMPLEADED AS PER ORDER DATED 2/2/23 IN IA 1/23 ) 4 THE REVENUE DIVISIONAL OFFICER ( SOUGHT TO BE IMPLEADED ) REVENUE DIVISIONAL OFFICE,DISTRICT CT WAY **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 2** RD,KIDANGAMPARAMP,THONDANKULANGARA,THATHAPALLY,ALAP PUZHA ***IMPLEADED AS PER ORDER DATED 17/02/2023 IN IA 3/2023. BY ADVS. R.RAJASEKHARAN PILLAI K.R.VINOD SABINA JAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2023, ALONG WITH WP(C).26075/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 26075 OF 2015** ## **PETITIONER:** VYSHAKH GEORGE,AGED 27 YEARS S/O.GEORGEKUTTY, KARIMANCHERY HOUSE, EZHUPUNNA SOUTH, ALAPPUZHA - 688 537. BY ADVS. SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH ## **RESPONDENTS:** 1 KODAMTHURUTH,KUTHIYATHODU P.O., CHERTHALA, PIN: 688 533, REP. BY ITS SECRETARY 2 THE SECRETARY,KODAMTHURUTH GRAMA PANCHAYATH, KUTHIYATHODU P.O., CHERTHALA, PIN: 688 533. 3 THE ADDITIONAL TAHSILDAR TALUK OFFICE CHERTHALA, PIN: 688 524. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.K.P.AMBIKA SRI.P.K.IBRAHIM SMT.A.A.SHIBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2023, ALONG WITH WP(C).5063/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **VIJU ABRAHAM,J** **------------------W.P.(C).Nos.5063 of 2022 & 26075 of 2015 ------------------------------------------Dated this the 7[th] day of March, 2023** ## **JUDGMENT** W.P.(C) No.26075 of 2015 is preferred by the petitioner seeking an order for quashing Ext.P7 stop memo dated 20.8.2015 issued by the 3[rd] respondent, whereas WP(C) No.5063 of 2022 is filed seeking for quashment of Ext.P6 order issued by the 2[nd] respondent and seeking a further direction to the 2[nd] respondent to issue permanent building number to the building of the petitioner, which has been only issued with a temporary No.I/257 B (UA) of Kodamthuruth Grama Panchayath, without insisting for the petitioner to obtain permission under Section 27A of the Conservation of Paddy Land and Wetland Act, 2008. 2. Petitioner submits that, he has been issued with Ext.P1 building permit as early as on 24.4.2015. While the construction was undertaken on ## **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 5** the basis of Ext.P1 building permit, Ext.P7 stop memo produced in W.P.(C) No.26075/2015 was issued and further construction undertaken by the petitioner was stayed taking a stand that the property is removing as 'Nilam'. Thereupon, WP(C) No.26075/2015 was filed and this Court has passed an order staying Ext.P7 stop memo and the said interim order was made absolute and on the strength of the interim order further construction was undertaken and the building was completed. Thereafter, by Ext.R2(b) order, the permit granted to the petitioner was later cancelled. The petitioner challenged the same before the Tribunal for Local Self Government Institution and by Ext.P8 order the appeal was allowed, whereby Ext.R2(b) order was set aside. The petitioner submits that Ext.P8 order has become final and has not been challenged by any of the parties. Now the construction is completed and only temporary occupancy certificate was issued to the petitioner as per Ext.P2 order. The petitioner **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 6** relying on the judgment in _**Cheranalloor Grama**_ _**Panchayath, Ernakulam and Another vs. Joe Thattil**_ _**(2020 (5) KHC 669)**_ , wherein it is held that Section 27A which came into force on 30.12.2017 cannot apply to building permit granted prior to the said date. 3. The petitioner has a specific case that building permit was granted on 24.4.2015 and that he is entitled to the benefit of the said judgment, which is produced as Ext.P3 in the writ petition. Thereupon, the petitioner preferred Ext.P4 representation before the Panchayath relying on Ext.P3 judgment, as the same was not considered, the petitioner approached this Court by filing W.P.(C) No.17014 of 2021 and the said writ petition was disposed of as per Ext.P5 judgment directing the respondent Panchayat to consider and pass orders on Ext.P4 representation. While the matter thus stood the petitioner has been issued with an order by the 2[nd] respondent dated 10.12.2021 whereby he has been informed that since the aforesaid property has been **W.P.(C).Nos.5063 of 2022 & 26075 of 2015 7** classified as 'Nilam' in the revenue records and since the aforesaid property has been included in the data bank, the building cannot be assigned a permanent building number without obtaining necessary sanction from the Revenue Divisional Officer and the said order is produced as Ext.P6 in W.P.(C) No.5063 of 2022. It is challenging Ext.P6 order of the 2[nd] respondent that the said writ petition is filed. The Petitioner would further contend that the only reason stated in Ext.P6 order for rejecting the application submitted for issuance of permanent building number to the building constructed by the petitioner that the same could be considered only if appropriate orders are issued by the RDO concerned for the reason that the property is even now lying as 'Nilam' in the revenue records. The petitioner would submit that he has preferred Ext.P10 application under Form No.5 before Revenue Divisional Officer, who is the additional 4[th] respondent in the above writ petition. Petitioner ## **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 8** further submits that the Additional 3[rd] respondent, LLMC, as per Ext.P9 minutes has taken a decision to exclude the property of the petitioner from the data bank and submitted that there cannot be any other impediment in granting the reliefs sought for. Therefore, in view of the above factual situation, I am of the opinion that both the writ petitions could be disposed of with the following directions: 4. The additional 4[th] respondent shall consider and pass orders on Ext.P10 application filed by the petitioner in Form No.5 within a period of two months from the date of receipt of a copy of this judgment in the light of the decision of Local Level Monitoring Committee as is evident from Ext.P9, to remove the property of the petitioner from the data bank. Consequent to the decision to be taken on Ext.P10 application submitted before the 4[th] respondent RDO the 2[nd] respondent shall reconsider Ext.P4 application seeking to issue a permanent building number of the building of the petitioner. ## **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 9** Final decision on Ext.P4 application shall be taken within a further period of one month from the date of receipt of the order passed on Ext.P10 application. Before taking a decision on Ext.P7 by the 2[nd] respondent, the petitioner shall be afforded an opportunity of being heard. With the above directions, the above writ petitions are disposed of. sd/- **VIJU ABRAHAM, JUDGE** pm **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 10** ## **APPENDIX OF WP(C) 26075/2015** PETITIONER'S EXHIBITS P1: THE COPY OF THE SETTLEMENT DEED NO.167/2015 OF S.R.O, KUTHIYATHODU P2: THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 16/4/2015 OF KODAMTHURUTH VILLAGE P3: THE COPY OF THE POSSESSION CERTIFICATE BY THE VILLAGE OFFICER, KODAMTHRURUTH VILLAGE P4: THE COPY OF THE SANCTIONED BUILDING PLAN ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER P5: THE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER DATED 24/4/2015 P6: THE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 21/7/2015 P7: THE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT DATED 20/8/2015 **W.P.(C).Nos.5063 of 2022** **& 26075 of 2015 11** ## **APPENDIX OF WP(C) 5063/2022** PETITIONER'S EXHIBITS Exhibit P1 THE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT BEARING NO. C31256/15 DATED 24.04.2015. Exhibit P2 THE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 17.06.2016. - Exhibit P3 THE COPY OF THE JUDGMENT OF THE HONBEL HIGH COURT OF KERALA, IN CHERANALLOOR GRAMA PANCHAYATH ERNAKULAM AND ANOTHER VS. JOE THATTIL REPORTED IN 2020 (5) KHC 669. - Exhibit P4 THE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.08.2021. - Exhibit P5 THE COPY OF THE JUDGMENT OF THIS HONBLE HIGH COURT IN WPC NO. 17014/2021 DATED 21.10.2021. - EXHIBIT P7 The copy of the interim order dated 10.06.2016 in W.P.(C).No.26075/2015 - Exhibit P6 THE COPY OF THE ORDER OF THE 2ND RESPONDENT REFUSING TO ISSUE A PERMANENT BUILDING NUMBER TO THE BUILDING OF THE PETITIONER DATED 10.12.2021. - Exhibit p8 TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS ,THIRUVANANTHAPURAM DATED 27-06-2017 - Exhibit P9 THE COPY OF THE MINUTES OF MEETING HELD BY THE LOCALLEVEL MONITORING COMMITTEE ON 05.12.2022 Exhibit P10 THE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICE DATED 30.06.2020