IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 27599 of 2009(T) --------------------------------- PETITIONER(S): ------------------- T.K.VALSALA, AGED 39, W/O.M.S.JAYARAJ, RESIDING AT J.V.COTTAGE, KATTACHALKUZHI P.O, KOTTUKAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 3. THE CHIEF TOWN PLANNER, KOTTARATHIL BUILDING, PALAYAM, THIRUVANANTHAPURAM - 33. 4. THE SECRETARY, KALLIKKADU GRAMAPANCHAYATH, KALLIKKADU P.O, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU R4 BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.V.VINAY SRI.K.S.ROHITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 27599 of 2009(T) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BASIC TAX RECEIPT DATED 24/11/2008 ISSUED BY THE KALLIKKADU VILLAGE IN RESPECT OF PETITIONER'S PROPERTY. P2: COPY OF THE REPORT DATED 17/03/2009 SUBMITTED BEFORE THE TAHSILDAR, NEYYATTINKARA FROM THE KALLIKKADU VILLAGE OFFICE. P3: COPY OF THE ADVOCATE NOTICE DATED07/07/2009 ISSUED UPON THE 4TH RESPONDENT. P4: COPY OF THE REPLY TO EXT. P3 DATED 17/07/2009 SENT TO THE PETITONER BY THE SECRETARY, KALLIKKADU GRAMA PANCHAYATH. P5: COPY OF THE APPLICATION DATED 26/08/2009 SUBMITTED BY THE PETITIONER TO THE RDO., THIRUVANANTHAPURAM. P6: COPY OF THE APPLICATION DATED 26/08/2009 SUBMITTED BY THE PETITIONER TO THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM RESPONDENT'S EXHIBITS: R4(a):COPY OF THE CIRCULAR NO.24136/RAI/07/LSGD DATED 20/06/2007. /TRUE COPY/ P.A. TO JUDGE svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 27599 OF 2009 ------------------------------------------------------------- Dated this the 13th day of December, 2010 JUDGMENT Petitioner is the owner of 10.25 Ares of land in R.S.No.134/11 of Kallikkadu Village in Neyyattinkara Taluk which she purchased as per sale deed No.1063/07 of Ottasekharamangalm Sub Registry Office. It is stated that the Petitioner made an application to the 4th respondent for a building permit and the application is still pending before the Panchayath. In the meantime, in Ext.P2 report submitted by the Village Officer it is stated that the land is fully reclaimed one, and that the neighbouring lands are also reclaimed and planted with rubber trees. However, from Ext.P4 it is seen that the Panchayath has not considered the application of the petitioner for the reason that in Ext.R4(a) a circular issued by the Government of Kerala, it is stated that if a building is to be constructed by reclaiming a paddy field, prior permission of the Revenue Divisional Officer is to be produced. 2. However, from Ext.P2 report of the Village Officer it is obvious that the land was reclaimed long above and that it is in that land the petitioner is proposed to make construction. If that W.P.(C).No. 27599 OF 2009 2 be so, the requirement of permission of the Revenue Divisional Officer which need be produced only if the land is to be reclaimed for building construction, cannot have any application to the case of the petitioner. Therefore, the Panchayath could not have declined to consider the application relying on Ext.R4(a). 3. In that view of the matter I direct that if the application made by the petitioner otherwise complete in all respects, orders shall be passed at any rate within eight weeks from the date of production of a copy of this judgment. ANTONY DOMINIC JUDGE dmb