V.Abdu Rahiman v. Tirur Muncipality
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 24282 of 2014 (I) ------------------------------------- PETITIONER(S):
----------------------- V.ABDU RAHIMAN, AGED 50 YEARS, S/O VELLEKAT MUHAMMED HAMSA, RESIDING AT HOUSE NO 25/537, VELLEKAT HOUSE, POOKKAYIL BAZAR P.O., TIRUR TALUK, MALAPPURAM DISTRICT - 676 107.
BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S):
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1. TIRUR MUNCIPALITY, REPRESENTED BY SECRETARY, TIRUR, MALAPPURAM DISTRICT - 676 101.
2. THE SECRETARY, TIRUR MUNICIPALITY, TIRUR, MALAPPURAM DISTRICT - 676 101. BY ADV. SRI.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 24282 of 2014 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE PHOTOCOPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED ON 03-07-2012.
EXHIBIT P2: TRUE PHOTOCOPY OF THE SALE DEED NO 1012/2012 OF TIRUR S.R.O. EXHIBIT P3: TRUE PHOTOCOPY OF THE DATA BANK OF PADDY LANDS AND WEST LANDS IN TIRUR MUNICIPALITY.
EXHIBIT P4: TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 08-05-2012 ISSUED FROM THE VILLAGE OFFICE, TIRUR. EXHIBIT P5: TRUE PHOTOCOPY OF THE SITE PLAN SUBMITTED ALONG WITH EXHIBIT P1 APPLICATION.
EXHIBIT P6: TRUE PHOTOGRAPHS (2 NUMBERS) SHOWING PETITIONER'S PROPERTY AND ADJACENT COMMIERCIAL BUILDINGS.
EXHIBIT P7: TRUE PHOTOCPY OF THE ORDER DATED 25-06-2014 ISSUED BY THE 2ND RESPONDENT FINALLY REJECTING EXHIBIT P1 APPLICATION FOR BUILDING PERMIT.
EXHIBIT P8: TRUE PHOTOCOPY OF THE JUDGMENT DATED 19-08-2009 OF THIS HON'BLE HIGH COURT RENDERED ON SIMILAR FACTS IN SHAHANAZ SHUKKOOR V CHELANNUR GRAMA PANCHAYAT REPORTED IN 2009 (3) KLT 899.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.24282 of 2014 ---------------------------------------- Dated this the 15th day of January 2015
J U D G M E N T
Petitioner has approached this Court seeking for a direction to the 2nd respondent to consider Ext.P1 application afresh in the light of the facts revealed in Ext.P3 data bank particulars.
2.
The facts involved in the writ petition would disclose that Ext.P1 application was dismissed by the 2nd respondent Municipality by Ext.P7 on the ground that the property is described as 'Nanja' in the possession certificate issued by the Village Officer, Tirur. Petitioner relies upon the data bank entries made by the Local Level Monitoring Committee which indicates that the property is a converted land about 15-20 years back.
3.
Counter affidavit has been filed on behalf of the respondents inter alia stating that in so far as the property is described as paddy land in the possession certificate, the application was rejected.
4.
It is the settled position of law that after the Kerala Conservation of Paddy and Wet Land Act, 2008 coming into force, while considering an application for building permit, the local authority will have to verify the data bank particulars and also conduct a site inspection to verify the nature of the property. The entries in the possession certificate apparently is based on the entry available in the village records namely the basic tax register, which by itself will not prove the actual nature of land, as over a period of time, there might be change in the nature of land on account of conversion or other reasons. Having regard to the aforesaid factual issues involved in the matter especially in the light of Ext.P3 particulars available in the data bank entries, I am of the view that the matter requires to be considered afresh by the respondent Municipality. Accordingly, this writ petition is allowed. There will be a direction to the respondents to consider Ext.P1 application afresh and pass appropriate orders taking note of Ext.P3
data bank particulars and after conducting necessary site inspection in the matter. This shall be done within a period of one month from the date of receipt of a copy of this judgment.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr