IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 14445 of 2010(E) -------------------------------- PETITIONER: -------------- RAMACHANDRAN T.P.,S/O.KRISHNANKUTTY, AGED 50 YEARS,THORAMPARAMBIL-HOUSE, BIYYAM P.O.,MALAPPURAM DISTRICT. BY MR.SHOBY K.FRANCIS, ADVOCATE. RESPONDENTS: ------------------ 1. PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY. 2. SECRETARY,PONNANI MUNICIPALITY, PONNANI P.O.,MALAPPURAM DISTRICT. BY MR.C.V.MANUVILSAN, SC, FOR R1& R2 MR.P.K.KHALEEMUDHEEN, ADVOCATE FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14445/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER DTD. 6.12.07. EXT. P2 : COPY OF BUILDING PERMIT ISSUED BY THE PONNANI MUNICIPALITY TO THE PETITIONER DTD. 15.1.08. EXT. P3 : COPY OF TEMPORARY INJUNCTION ORDER ISSUED BY the MUNSIFF'S COURT PONNANI IN I.A.No.500/08 IN OS No.98/08 DTD. 30.5.08. EXT. P4 : COPY OF TEMPORARY INJUNCTION ORDER ISSUED BY MUNSIFF'S COURT PONNANI IN I.A.500/08 IN OS No.98/08 DTD. 7.4.09. EXT. P5 : PHOTOGRAPH SHOWING the LOCATION, SURROUNDINGS AND EXISTING BASEMENT OF RESIDENTIAL BUILDING. EXT. P6 : COPY OF LETTER DTD. 27.4.10 ISSUED BY MUNICIPAL COUNCILOR TO PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14445 OF 2010 --------------------------------------- Dated this the 23rd day of June, 2010. J U D G M E N T The petitioner is the owner and in possession of 25 cents of property comprised in survey No.179/D of Ezhuvathiruthy village. The petitioner has already obtained building permit for the construction of a residential building as per Exhibit P2. The petitioner has started the construction also. 2. There is a civil suit filed as O.S.No.98/2008 by a relative of the petitioner seeking for appropriate reliefs with regard to the construction and an interim order was passed as per Exhibit P3 which was modified as per Exhibit P4 order. 3. The petitioner has approached this Court on the plea that the Municipality is compelling the petitioner to produce consent from the District Level Committee to reclaim the land. It is submitted that the property in question is a dry land as per the W.P.(C) No.14445/2010 2 village officer's certificate and the petitioner has obtained building permit prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 4. Heard the learned Standing Counsel for the Municipality. It is submitted that the Municipality has not insisted that the petitioner should obtain any such permission. It is also submitted that building permit has already been issued by the Municipality. 5. A similar issue was considered by this Court in W.P.(C)No.14794/2010 wherein this Court recorded the submission of the learned counsel for the Municipality that the Municipality has not initiated any action to cancel the building permit and has not issued any direction to the petitioner therein to produce any consent or sanction, from the District Level Committee, required under the Kerala Conservation of Paddy Land and Wetland Act, 2008. Similar is the position herein also. In the light of the submission made by the learned counsel for the Municipality that the Municipality has not directed the petitioner to produce any consent from District Level Monitoring W.P.(C) No.14445/2010 3 Committee, the apprehension of the petitioner no longer subsists. Therefore, this writ petition is closed recording the submission of the learned counsel for the Municipality. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp