SHERLY S.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are connected and therefore, I am disposing of all these writ petitions by a common judgment.

(2.) The main grievance of the petitioners is about the refusal to process building permit application citing that the land involved is a plantation exempted under the Kerala Land Reforms Act (KLR Act). As far as WP(C) No. 4780 of 2022, the building is already constructed and the Panchayat is not numbering the building stating that the land involved is a plantation exempted under the KLR Act and without getting an NOC from the revenue department, they cannot give number to the building constructed. For easy reference, I will narrate the facts in WP(C) No. 10326 of 2022. The petitioner as per Ext. P1 sale deed purchased an extent of 10 cents of land. As per the prior deed one Chacko, S/o. Yohannan purchased an extent of 1 acre 25 cents of land from the Travancore Rubbers Ltd. in the year 1976 in lieu of his gratuity and other retirement benefits from the company. Thereafter, the said property was transferred under various sale deeds and a small portion ultimately reached the petitioner. The petitioner filed Ext. P4 building permit application before the 6th respondent Secretary of the Panchayat. Thereafter as per Ext. P5 communication it was informed that the said application cannot be processed for the reason that the property purchased by the petitioner forms part of a plantation exempted under the provisions of the KLR Act. Hence, this writ petition is filed with the following prayers:

(3.) Heard the counsel for the petitioners, the counsel appearing for the Panchayat and the Government Pleader.