Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 10479 OF 2023 PETITIONER/S: DR. ANANTHANATHAN AGED 77 YEARS S/O KRISHNA GOWDER KORALAMBAM HOUSE, SULTHANBTHERY P.O, SULTHANBATHERY,WAYANAD, KERALA, PIN - 673592 BY ADVS. DHEERAJ KRISHNAN PEROT K.L ANGEL MARY FIDHA NAVAS RESPONDENT/S:
1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 TAHSILDAR TALUK OFFICE, SULTHAN BATHERY, WAYANAD, PIN - 673595 3 VILLAGE OFFICER , PURAKKADI VILLAGE, SULTHAN BATHERY P.O, WAYANAD, PIN - 673595 4 MEENANGADI GRAMA PANCHAYAT REP. BY ITS SECRETARY, WAYANAD, PIN - 673122 5 SECRETARY MEENANGADI GRAMA PANCHAYAT, MEENANGADI P.O, WAYANAD, PIN - 673122 BY ADV GOVERNMENT PLEADER
OTHER PRESENT: SRI.APPU.P.S-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 10479 of 2023 2
JUDGMENT
Dated this the 10th day of April, 2023 This writ petition is filed seeking the following reliefs; i) to issue a Writ of certiorari or any other appropriate writ, direction or order to quash Ext.P7 order issued by the 5 th respondent. ii) a writ in nature of Mandamus or any other order or direction to the 5th Respondent to issue an occupancy certificate to the petitioner in the prescribed format.
2. Heard the learned counsel, the learned Government Pleader as well as the learned Standing Counsel.
3. The petitioner, who is owner in possession of 29.15 Ares of
land in Survey Nos.474/5 and 530/26 of Purakkadi Village in Sulathanbathery Taluk, is aggrieved by Ext.P7 communication of the Secretary to the Meenagadi Grama Panchayat. It is submitted that the petitioner had obtained building permit for construction of a builiding in the above said property. On completion of the construction of the builidng the petitioner applied for an occupancy certificate with all necessary documents before the 4th respondent. The 5th respondent issued Ext.P7 communication to the petitioner, rejecting the application stating that land WP(C) No. 10479 of 2023 3 in Survey No.474/5 belonging to Block No.21 is included in Kerala Land Reforms Act, 1964.
4. The learned Standing Counsel for the Grama Panchayat
submitted that in view of the fact that land was assigned under the provision of the Kerala Land Reforms Act, the Panchayat is not in a position to issue occupancy certificate to the petitioner.
5. The question whether a land assigned under the provision of
the Kerala Land Reforms Act can be used for purpose other than for which the land was assigned came up for consideration before a Full Bench of this Court in Mathew K. Jacob and another v. District Environmental Impact Assessment Authoriyt[2018 (5) KHC 487]. This Court held that the provisions of the Kerala Land Reforms Act will have to be given effect to without affecting the public interest intended to be protected by conferring exemption to various categories of land mentioned in Section 81.
6. The issue was again considered by this Court in Kinallur
Rock Sand (M/s.) v. State of Kerala and others [2021 (2) KLT 351]. This Court held that there is no prohibition in using an exempted land under the Kerala Land Reforms Act for a different pupose and such WP(C) No. 10479 of 2023 4 conditions cannot be a reason to decline permission for using the land for a different pupose. In view of the law settled as per the above judgments of this Court, the petitioner is entitled to reliefs as sought for. Ext.P7 communication is therefore set aside. The 5th respondent is directed to consider the application for occupancy certificate submitted by the petitioner and issue such certificate, if the petitioner satisfies all other statutory requirements, without raising the objection that the property is covered by the KLR Act. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE AMR WP(C) No. 10479 of 2023 5 APPENDIX OF WP(C) 10479/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JANMAM RIGHT DEED 833 OF 1983 DATED 28/03/1983 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT OF THE ABOVE PROPERTY WITH THANDAPERU NO.3337 Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE NUMBERED 323/2022 DATED 24/06/2022 IN THE NAME OF THE PETITIONER Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 25/08/2022 Exhibit P5 TRUE COPY OF THE PRE-APPROVED PLAN DATED Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE APPLICATION SUBMITTED ON Exhibit P7 TRUE COPY OF THE COMMUNICATION OF THE 5TH RESPONDENT DATED 15/03/2023 AND NUMBERED 401004/BABCO6/GENERAL/2023/2480(2) Exhibit P8 TRUE COPY OF THE REPORT NUMBERED 113/23 DATED 14/3/2023 SUBMITTED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT