IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30487 of 2010(I) ------------------------------------ PETITIONER(S): ---------------------- P.MOHANAN, PADAMBATH HOUSE BALUSSERY PO, KOZHIKODE. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU. SRI.B.PREMNATH. RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE BALUSSERY 673 612. 2. THE CIRCLE INSPECTOR OF POLICE BALUSSERY 673 612. 3. KERALA STATE KARSHAKA THOZHILALI UNION (KSKTU) PUTHOORVATTOM BRANCH, BALUSSERRY, REPRESENTED BY ITS SECRETARY-PIN- 673 612. 4. THE REVENUE DIVISIONAL OFFICER KOZHIKODE 673 020 5. THE BALUSSERY GRAMA PANCHAYATH BALUSSERY PO, KOZHIKODE, REPRESENTED BY ITS SECRETARY, PIN- 673 612. R1, R2 & R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R3 BY ADV. SRI.P.ABDUL JALEEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30487 OF 2010: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF DOCUMENT NO.724/2007, DATED 30.3.2007. EXT.P2.TRUE COPY OF LAND TAX RECEIPT DATED 10.3.2010 SHOWING THE REMITTANCE OF LAND TAX BY THE PETITIONER. EXT.P3.TRUE COPY OF POSSESSION CERTIFICATE DATED 10.3.2010 ISSUED TO THE PETITIONER. EXT.P4.TRUE COPY OF PROCEEDINGS DT.18.6.2007 OF THE 4TH RESPONDENT. EXT.P5.TRUE COPY OF BUILDING PERMIT DATED 23.8.2007. EXT.P6.TRUE COPY OF APPLICATION DATED 9.7.2007 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P7.TRUE COPY OF ORDER DATED 24.5.2008 PASSED BY THE 5TH RESPONDENT GRAMA PANCHAYAT. EXT.P8.TRUE COPY OF JUDGMENT DATED 5.6.2008 PASSED BY THIS HONOURABLE COURT IN WPC 16747/2008. EXT.P9.TRUE COPY OF LETTER DATED 20.6.2008 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P10.TRUE COPY OF LETTER DATED 21.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P11. TRUE COPY OF ORDER DATED 16.2.2010 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. EXT.P12. TRUE COPY OF JUDGMENT DATED 16.6.2010 IN WPC 9087/2010 OF THIS HONOURABLE COURT. EXT.P13. TRUE COPY OF APPLICATION DATED 10.8.2010 SUBMITTED BY THE PETITIONER. EXT.P14. TRUE COPY OF PROCEEDING NO.2943/07 DATED 3.9.3010 GRANTING EXTENSION OF TIME. EXT.P15.TRUE COPY OF COMPLAINT DATED 29.9.2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 & 2. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.30487 of 2010-T ---------------------------------------------- Dated, this the 14th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “1. to issue a writ of mandamus or any other writ, order or direction commanding respondents 1 and 2 to give adequate and effective police protection for the reclamation of land in Sy.No.36/1A-1 and 36/A2 of Balusserry Village pursuant to P12 judgment. 2. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to extend the time for reclamation of land by a period of 3 months.” 2. Petitioner presses prayer No.1 before us. The case of the petitioner in brief is as follows. Petitioner purchased an extent of 5 cents of land as per Ext.P1 document. Mutation was effected. Ext.P2 is the receipt for payment of land tax. Ext.P3 is the copy of possession certificate. The land was lying as barren land. He wants to construct a building therein. He applied for reclaiming the land as per the provisions of the Land Utilisation Order, 1967. That is granted by Ext.P4 dated 18.6.2007 with four conditions. Petitioner submitted application for building permit WPC No.30487/2010 -2- before the panchayat. Ext.P5 is the building permit. Due to the delay in getting Ext.P5, there was some delay on the part of the petitioner in reclaiming the land. Petitioner filed application before the 4th respondent to extend the time vide Ext.P6. In the meantime, the Conservation of Paddy Land and Wet Land Act, 2008 came into force. The said Act received the assent of the Governor on 11.8.2008. The panchayat informed the petitioner vide Ext.P7 that since the permission issued by the RDO has not been extended, it is cancelling the building permit. Petitioner filed a writ petition culminating to Ext.P8 judgment wherein the RDO was directed to consider Ext.P3 petition therein. Petitioner filed reminder. He was informed by Ext.P11 that the application has been rejected. Petitioner filed W.P.(C) No.9087/2010. By Ext.P12 judgment the Court allowed the writ petition holding that there is nothing in law which prohibits the RDO to pass orders granting extension. On receipt of Ext.P12, petitioner attempted to start the reclamation work. However, the 3rd respondent is threatening the petitioner that it will not allow petitioner to reclaim the land as the policy of the government is to discourage the reclamation of lands. While passing WPC No.30487/2010 -3- Ext.P12 order only one month's time is granted. Petitioner has been granted extension by a month vide Ext.P14. Ext.P15 is the complaint filed by the petitioner before respondents 1 and 2. 3. We heard the learned counsel for the petitioner, learned counsel appearing on behalf of the 3rd respondent and also the learned Government Pleader. Learned counsel for the 3rd respondent submits that the 3rd respondent has not obstructed and has no intention to obstruct. We record the said submission. In case there is any obstruction by 3rd respondent, there will be a direction to respondents 1 and 2 to provide adequate police protection to the petitioner for the reclamation of land in Sy.No.36/1A-1 and 36/A2 of Balusserry village pursuant to Ext.P14 order of the RDO and Ext.P12 judgment as against any obstruction from the members of the 3rd respondent union. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) WPC No.30487/2010 -4- JUDGE. MS