JANAKAMMA Vs. ELOOR MUNICIPALITY

JUDGEMENT

(1.) The case set up in this writ petition (c) is as follows:- The petitioners are aggrieved by the refusal from the part of the respondents in issuing Occupancy Certificate in respect of the reconstruction of a very old building in the petitioner's land by insisting for an order reclassifying the land as Purayidam in revenue records. The petitioners are the title holders of 28.72 Ares of land in Survey Nos.16/5A4, 16/5-B2, 16/5A1, 16/5B1, 16/5A1, & 16/5-3 of Kadungallur Village. As on the date of coming into force of the Paddy Land Act, it was lying as Purayidam wherein there are very old buildings constructed decades back wherein Eloor Tourist Home is functioning. As early in the year 1962, there was a building in the property. Ext.P4 Judgment is W.P.(C) No.35137/2017 gives a detailed description of the existing old buildings in the petitioner's land which was rendered in connection with the change of ownership in the records consequent to death of the petitioner's father. The Municipality was insisting for a KLU order for issuing building permit for reconstruction of one of the old buildings in the petitioner's land numbered as building No.11/25 (Old No.V/902) covered by Ext.P5 Tax Receipt. Therefore, an application dated 03.10.2017 was submitted under Clause 6(2) of the KLU order, seeking consideration of the KLU application, the petitioners filed W.P.(C) No.34577/2017 which was disposed of by Ext.P6 judgment directing consideration of the KLU application and ordered that once permission is granted under the KLU, the petitioners shall be issued building permits or assigned building numbers, as the case may be, by the local authorities concerned. Subsequently, the RDO issued Ext.P7 granting permission under Clause 6(2) of the KLU Order, but imposing conditions under under the Paddy Land Amendment Act to pay the prescribed amount the said conditions were challenged in W.P.(C) No.13473/2018 in which Ext.P8 interim order was passed directing the respondents to consider the application for building permit pursuant to which Ext.P9 Building Permit was issued subject to the final outcome of W.P.(C) No.13473/2018. Subsequently, by Ext.P13 judgment in W.P.(C) No.13473/2018, this Court quashed the impugned conditions in Ext.P7 KLU order. Thereafter the petitioners had completed the reconstruction of the building and submitted Ext.P12 Completion Plan. But, the respondents are not issuing Occupancy Certificate and required the petitioners by Ext.P10 to produce order for reclassification of land as purayidam. Reclassification order is not essential for issuing Occupancy Certificate as it is for fiscal purpose for payment of land tax. It is in the light of these averments and contentions, that the petitioners have filed this Writ Petition (c) seeking the following prayers:

(2.) Heard Sri. Rinny Stephen Chamaparampil, learned counsel appearing for the petitioners, Sri. K.S.Arun Kumar, learned counsel appearing for Eloor Municipality and Sri. K.J.Manu Raj, learned Government Pleader appearing for respondent Nos. 3 and 4.

(3.) In the instant case, it is beyond any dispute that the subject property has been converted as garden land or purayidam long prior to 12.08.2008 (the date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008). As a matter of fact, the predecessor of the petitioners had constructed a building in the subject property, sometime in the year 1962, which was duly numbered by the local body concerned. The petitioners have demolished the old building and have made a new construction in its place after obtaining building permit from respondent Nos. 1 and 2. The complaint of the petitioners is that now the 2nd respondent Secretary of the Eloor Municipality is taking the stand that, Municipal Authorities can issue the Completion Certificate and the Occupancy Certificate to the construction completed in terms of the building permit already granted to the petitioners, only if the petitioners produce the requisite proceedings of the 3rd respondent Tahsildar regarding reassessment of the subject property in terms of Section 6A of the Kerala Land Tax Act, so as to secure additional entries in the BTR to show the change in nature of the land as garden land or purayidam etc.