IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 19331 of 2010(N) --------------------------------------- PETITIONER: ------------------- C.T.SUBRAMANIAN, S/O.VELAYUDHAN, CHEMMALATHODI HOUSE, P.O.KUNNAKKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, ELAMKULAM GRAMA PANCHAYAT, PANCHAYATH OFFICE, P.O.KUNNAKKAVU, MALAPPURAM DISTRICT-679 340. 2. REVENUE DIVISIONAL OFFICER, PERINTALMANNA-679 322. 3. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. SRI.MUKUNDANUNNI NAMBUDIRIPAD, S/O.PARAMESWARAN NAMBUDIRIPAD, MUTHUKURISSI MANA, ELAMKULAM, PERINTALMANNA-679 340. R1 BY ADV. SRI.P.C.SASIDHARAN, R2 TO R4 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R5 BY ADV. SRI.M.P.ASHOK KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19331/2010-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 09/11/07 OF THE R.3. EXT.P.2: COPY OF THE ORDER DTD. 24/11/07 OF THE R.2. EXT.P.3: COPY OF THE GOVT. ORDER DTD. 11/02/2009. EXT.P.4: COPY OF THE LETTER DTD. 05/03/2009 OF THE R.4. TO R.2. EXT.P.5: COPY OF THE ORDER DTD.05/05/09 OF THE R.2. EXT.P.6: COPY OF THE ORDER DTD. 03/06/09 R.2. ALONG WITH SKETCH. EXT.P.7: COPY OF THE ORDER DTD. 08/12/2009 OF THE R.3. EXT.P.8: COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P.9: COPY OF THE ORDER DTD. 13/05/2010 OF THE R.1. EXT.P.10: COPY OF THE BUILDING PERMIT DTD. 11/06/2010 ISSUED BY THE R.1. TO R.5. EXT.P.11: COPY OF THE ACKNOWLEDGEMENT CARD DTD. 21/01/2010 OF THE R.4. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE JUDGMENT IN W.P.(C).NO.16568/2008. EXT.R5.A: PHOTOGRAPH SHOWING THE OLD BUILDING SITUATED IN SY.20/1A OF ELAMKULAM VILLAGE. EXT.R5.B: COPY OF THE ORDER DTD. 09/11/2007. EXT.R5.C: COPY OF THE BUILDING PERMIT DT. 14/05/08. EXT.R5.D: COPY OF THE ORDER DTD. 11/02/2009. EXT.R5.E: COPY OF THE ORDER DTD. 05/03/2009. EXT.R5.F: COPY OF THE ORDER DTD. 31/03/2008. EXT.R5.G: COPY OF THE ORDER DTD. 03/06/2009. EXT.R5.H: COPY OF THE REPRESENTATION DT. 07/05/09. EXT.R5.I: COPY OF THE REPRESENTATION DT. 15/06/09. EXT.R5.J: COPY OF THE NOTICE DTD. 23/06/09. EXT.R5.K: COPY OF THE JUDGMENT IN W.P.(C).NO.20411/09 DTD. 08/04/2010. EXT.R5.L: COPY OF THE ORDER DTD. 13/05/2010. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19331/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of July, 2010 J U D G M E N T The petitioner is the President of the Elamkulam Panchayat Committee of the Kerala State Karshaka Thozhikali Union. The fifth respondent herein is the owner in possession of 3 acres of paddy field in Survey No.29/1A of Elamkulam Village. It is contended that utilising the irrigation facility, three crops of paddy cultivation is being done in the entire extent of the padasekaram. Dispute herein is with regard to the building permit, Ext.P10, issued to the fifth respondent by the Panchayat. According to the learned counsel for the petitioner, the permission that was originally sought for was only for reconstruction of an existing building and there was no conversion of the land also to enable the fifth respondent to utilise the entire land in his possession for construction. This is strongly refuted by the learned counsel appearing for the fifth respondent. The petitioner has already moved the Government by filing Ext.P8, a revision against Ext.P7 order passed in appeal by the Land Revenue Commissioner. 2. The learned Government Pleader on getting instructions submitted that Ext.P8 is pending before the W.P.(C). No.19331/2010 -:2:- Government. Heard the learned counsel for the Panchayat also. 3. There will be a direction to the Government to take a decision on Ext.P8 revision petition after hearing the petitioner, the first respondent and the fifth respondent within a period of three months from the date of receipt of a copy of this Judgment. 4. It will be open to the petitioner to seek any interim relief in the matter and before passing any interim order, the parties will be heard in the matter. Orders on the same will be passed within a period of one month. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms