IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 22029 of 2009(W) --------------------------------------- PETITIONER(S): ---------------------- U. VINODKUMAR, AGED 35 YEARS, S/O. BALAN, ULLISSERI HOUSE, ARIYALLUR P.O., MALAPPURAM. BY ADV. MR.M.SASINDRAN MR.M.V.BIPIN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, VALLIKKUNNU GRAMA PANCHAYAT,VALLIKKUNNU P.O., MALAPPURAM. R1 BY GOVERNMENT PLEADER MR.V. MANU. R2 BY ADV. MR.BABU CHERUKARA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22029/2009-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEED DATED 22/09/2007. EXT.P2: COPY OF THE DOCUMENT NO.1394 OF 1962 OF PARAPPANANGADI SUB REGISTRY. EXT.P3: COPY OF THE DOCUMENT EXECUTED IN 1965. EXT.P3(a): COPY OF THE DOCUMENT EXECUTED IN 1981. EXT.P3(b): COPY OF THE DOCUMENT EXECUTED IN 1983. EXT.P3(c): COPY OF THE DOCUMENT EXECUTED IN 2005. EXT.P3(d): COPY OF THE DOCUMENT EXECUTED IN 2006. EXT.P4: COPY OF THE BUILDING PLAN AND SITE PLAN. EXT.P5: COPO COMMUNICATION BEARING NO.A4.630/08 DATED 21/10/2008. EXT.P6: COPY OF THE CERTIFICATE DATED 28/10/2008. EXT.P7: COPY OF THE CIRCULAR DATED 31/07/2008 ISSUED BY THE GOVERNMENT. EXT.P8: COPY OF THE CIRCULAR DATED 23/12/2008 ISSUED BY THE GOVERNMENT. EXT.P9: COPY OF THE JUDGMENT DATED 30/01/2009 IN WP(C) NO. 33520/2008. EXT.P10: COPY OF THE ORDER NO.A3.1963/09-10 DATED 06/07/2009 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE REPORT PREPARED BY THE COMMITTEE AS PER THE INSPECTION DONE ON 10TH AND 11TH OF FEBRUARY 2009. EXT.R2(b): COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ARIYALLOOR BEARING NO.1822 DATED 03/10/2008. //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------- W.P(C).No.22029 OF 2009 ------------------------------------- Dated this the 3rd day of November, 2009 J U D G M E N T ~~~~~~~~~~~~ The petitioner obtained an item of land from his father. He wanted to build a house in that piece. He applied for permit. It appears that the authorities raised the question as to whether the land requires clearance by the competent authority under the Kerala Conservation of Paddy land and Wet land Act, 2008. 2. On record is Ext.R2(a) report, available with the Panchayat, showing that the plot of land on which construction is proposed to be made has standing coconut trees aged around 50 years. However, Ext.R2(b) possession certificate issued by the Village Officer proceeds as such the land is paddy land (Nilam). In Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009(3)KLT 899], it has been laid down that the ground reality regarding the lie of the property is the crucial factor and that notwithstanding any entry in the revenue records describing the property as paddy field (Nilam), the status as on the date of commencement of the Act has to be ascertained to consider whether the Act applies at all, to a given case. In the case in hand, the controversy can easily resolved, if the W.P.(C) No.22029/2009 2 Village Officer conducts an inspection and issues a certificate thereafter stating whether the land has coconut trees and other vegetation which would indicate that it is not a wet land – paddy filed (Nilam). The Village Officer will also take into consideration the contention of Ext.R2(a) in relation to the inspection. Let this be done within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will be at liberty to place a copy of the judgment before the Village Officer for appropriate action. On the basis of the aforesaid decision, the Panchayat will reconsider the impugned order. The Writ Petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge ps