High Court of KeralaWP(C)/28702/2015disposed of

Betty Jino v. Revenue Divisional Officer

2015-12-11Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 WP(C).No. 28702 of 2015 (K) ---------------------------- PETITIONER :

---------------------- BETTY JINO, AGED 37 YEARS W/O.JINO KURIAN, KUREEKATTIL HOUSE, MARANGOLE P.O. KOTTAYAM.

BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S) :

----------------------------

1. REVENUE DIVISIONAL OFFICER CUM CHAIRMAN OF DISTRICT LEVEL AUTHORIZED COMMITTEE KOTTAYAM DISTRICT-686612.

2. AGRICULTURAL OFFICER LOCAL LEVEL MONITORING COMMITTEE AND CONVENER OF THE COMMITTEE NJEEZHOOR, KOTTAYAM-686612.

3. CHAIRMAN LOCAL LEVEL MONITORING COMMITTEE, NJEEZHOOR GRAMA PANCHAYATH, KOTTAYAM-686612.

4. DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION KOTTAYAM-686612.

5. SECRETARY NJEEZHOOR GRAMA PANCHAYATH, NJEEZHOOR P.O.

KOTTAYAM DISTRICT, PIN-686612.

BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 28702 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF BUILDING PERMIT APPLICATION DATED 13.10.14. EXT.P2 COPY OF INPUGNED ORDER DATED 13.3.15.

EXT.P3 TRUE COPIES OF PHOTOGRAPHS.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28702 of 2015 ****************************************************************************** Dated this the 11th day of December, 2015

JUDGMENT

The petitioner's application for building permit has been rejected by the Panchayath stating that the land in question is included as paddy land in the draft data bank. This Court is of the view that the Panchayath is justified in rejecting the application. However, the petitioner is at liberty to approach the Local Level Monitoring Committee for reclaiming ten cents of land for the purpose of construction of a residential building. If the petitioner approaches the Local Level Monitoring Committee, the Committee shall take a decision in this matter within two months and forward the recommendation to the District Level Authorised Committee. If such permission is granted, the Panchayath shall reconsider the application for building permit. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln