CHERANELLOOR GRAMA PANCHAYATH Vs. JOE THATTIL

JUDGEMENT

(1.) The appeal is preferred by the respondents in W.P.(C) No. 7007 of 2020 i.e., the Cheranalloor Grama Panchayat and its Secretary challenging the judgment of the learned single Judge dated 26.02.2020, whereby the learned Single Judge allowed the writ petition and quashed Ext.P6 notice issued by the Secretary of the Grama Panchayat dated 15.12.2018 declining to issue, the occupancy certificate and building number due to the additional construction carried out by the writ petitioner/respondent against Ext.P3 permit dated 26.10.2015 granted by the Secretary of the Grama Panchayat . Consequently, the writ petitioner was directed to secure necessary orders from the Revenue Divisional Officer concerned under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act, 2008' for short). Thereby, the Secretary was directed to consider the grant of occupancy certificate afresh without any reference to the nature of land in revenue records as paddy field, in accordance with the provisions of the Kerala Panchayat Building Rules, 2011 ('Rules, 2011' for brevity), which was in force at the time of grant of Ext.P3 building permit dated 26.10.2015 and not on the basis of the subsequent Building Rules that has come into force, after providing an opportunity of hearing to the writ petitioner and within a period of one month from the date of production of a copy of the judgement. It is, thus, challenging the legality and correctness of the said judgment, this appeal is filed.

(2.) The material facts for the disposal of the appeal are as follows:

(3.) No counter affidavit is seen filed by the appellants in the writ petition. The learned Single Judge, taking into account the provisions of Act, 2008 and the judgements rendered by this Court in Mahin v. Keezhmad Grama Panchayat (2020 (2) KLT 478) and Soumini and others v. Naduvannur Grama Panchayat, Kozhikode (2017(1) KLT 168), has found that Section 27A of the Act, 2008 has come into force on and with effect from 30.12.2017, which has no consequence to the issue in question, since the building permit was issued by the Secretary of the Grama Panchayat as early as on 26.10.2015, and it was accordingly that the directions specified above were issued to the Secretary to take appropriate action dehors the provisions of Section 27A of the Act, 2008 and in accordance with the Building Rules in force when the permit was issued.