IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 14794 of 2010(Y) -------------------------------- PETITIONER: -------------- SAJEEV KUMAR T.P., S/O.KRISHNANKUTTY, AGED 36 YEARS,THORAMPARAMBIL HOUSE, BIYYAM P.O.,MALAPPURAM DISTRICT. BY MR.SHOBY K.FRANCIS, ADVOCATE. RESPONDENTS: ------------------ 1. PONNANI MUNICIPALITY, PONNANI P.O.,MALAPPURAM DISTRICT. REP.BY ITS SECRETARY, 2. SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O.,MALAPPURAM DISTRICT. BY MR.C.V.MANUVILSAN, ADVOCATE, FOR R1 & R2. MR.P.K.KHALEEMUDHEEN, ADVOCATE, FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14794/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER DTD. 6.12.07. EXT. P2 : COPY OF BUILDING PERMIT ISSUED BY PONNANI MUNICIPLAITY TO THE PETITIONER DTD. 30.6.07. EXT. P3 : COPY OF TEMPORARY INJUNCTION ORDER ISSUED BY THE MUNSIFF'S COURT PONNANI IN I.A.No.500/08 IN O.S.No.98/08 DTD. 30.5.08. EXT. P4 : COPY OF TEMPORARY INJUNCTION ORDER ISSUED BY MUNSIFF'S COURT PONNANI IN I.A.No.500/08 IN O.S.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. EXT. P7 : COPY OF ORDER PASSED BY THE HON'BLE COURT IN W.P.(C) No.14445/10 DTD. 6.5.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14794 OF 2010 --------------------------------------- Dated this the 15th day of June, 2010. J U D G M E N T The petitioner is the owner and in possession of 25.5 cents of property comprised in Survey No.179/ID of Ezhuvathiruthy village. He has obtained a building permit from the Ponnani Municipality as per Exhibit P2. Accordingly, the petitioner started the construction and completed the basement. It is pointed out that subsequently the Munsiff Court issued an ex parte interim injunction restraining the petitioner from constructing a residential house and filling the land as per Exhibit P3 order in O.S.No.98/2008. This was modified as per Exhibit P4, allowing construction on the basis of a valid permit. 2. The present complaint raised by the petitioner is that the Municipality is compelling the petitioner to produce consent from the District Level Committee to reclaim the land. It is pointed out that for want of production of the consent, they are threatening the petitioner that the building permit will be cancelled. W.P.(C) No.14794/ 2010 2 3. Mainly it is prayed that the respondents may be directed not to object the construction of the petitioner's residential building on the basis of Exhibit P2 building permit. 4. Heard the learned counsel appearing for the Municipality. It is submitted by 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 to produce any consent or sanction, from the District Level Committee, required under the Kerala Conservation of Paddy Land and Wetland Act, 2008. In that view of the matter, as the apprehension of the petitioner is without any basis, this writ petition is closed recording the submission of the learned counsel for the Municipality. T.R. RAMACHANDRAN NAIR JUDGE smp