IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4506 of 2009(J)
1. N.ARUMUGHAN,C/O.JOHN CHERIAN,
... Petitioner
Vs
1. THE STATE OF KERALA,REP.BY THE SECRETARY
... Respondent
2. SECRETARY,MUNICIPAL COUNCIL,
3. DISTRICT COLLECTOR, ERNAKULAM.
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent :SRI.V.M.KURIAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :12/03/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.4506 of 2009
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Dated this the 12th day of March, 2009
J U D G M E N T
The petitioner applied for a permit for constructing a building.
The grievance of the petitioner in this writ petition is that the same is
not being considered by the 2nd respondent-Municipality. Since as per
the Revenue records, the property is a wet land, the Municipality
expressed a doubt as to whether a building permit can be issued for
construction in that property. That matter was referred to the District
Collector and this Court by Ext.P8 judgment directed the District
Collector to pass orders on the same. The delay in the matter of
disposing of the application for permit is stated to be because the
District Collector had not passed orders. According to the petitioner,
the petitioner was heard by the 3rd respondent- District Collector on
16.10.2008 and the District Collector had directed the 2nd respondent
to pass appropriate orders in the matter. But the Municipality
submitted before me on 20.2.2009 that they are yet to receive that
order. Accordingly, I directed the learned Government Pleader to get
instructions as to whether the District Collector had passed orders as
directed in Ext.P8 and communicated the same to the Municipality. On
3.3.2009 the learned Government Pleader submitted that the District
Collector would communicate that order to the Municipality within two
w.p.c.4506/09 2
days.
2. Today the learned Standing Counsel appearing for the
Municipality submits that orders have been received from the District
Collector, in which it has been directed that the petitioner shall file a
fresh application under the Kerala Conservation of Paddy Land and Wet
Land Act, 2008.
3. In the above circumstances, I dispose of this writ petition
with the following directions:
The petitioner shall file an application before the Committee
constituted under the Kerala Conservation of Paddy Land and Wet
Land Act, 2008. The said Committee shall pass orders on the same as
expeditiously as possible, at any rate, within one month from the date
of receipt of the application and communicate their decision to the
Municipality immediately thereafter. On receipt of the dame, the
Municipality shall pass orders on the petitioner’s application for permit
within a further period of two weeks from the date of receipt of the
order from the Committee under the said Act.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge