SUJEESH K P Vs. MATTANNUR MUNICIPALITY

JUDGEMENT

(1.) The petitioner is aggrieved with the denial of a building permit in 10 cents of property, purchased by the petitioner as per Ext.P3 sale deed dated 25.03.2013. The petitioner had applied for building permit, which was declined as per Ext.P4 by the respondent Municipality finding that the land is included in the Data Bank. The petitioner approached this Court with a writ petition for consideration of removal from the Data Bank, in which Ext.P5 judgment was passed directing consideration.

(2.) Later, the Agricultural Officer informed the petitioner that the petitioner's property in Re-Survey No.11/1 of Pazhassi Amsom, Elakkuzhi Desom is not included in the Data Bank. Again, the petitioner was before this Court with a writ petition, in which the respondent Municipality was directed to conduct a local inspection of the property regarding the present lie and nature of the property. The application was directed to be considered on such local inspection.

(3.) Ext.P8 order was passed in compliance of the judgment produced at Ext.P7, wherein it was found that the land purchased by the petitioner, as per Ext.P3, lies adjacent to paddy lands and filling up of the same would lead to destruction of the cultivation in the area. The petitioner was directed to approach the Local Level Monitoring Committee (LLMC) for exemption under Section 9 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ('Paddy Land Act' for short). The petitioner also relies on Ext.P9 possession certificate, which describes the land as 'dry land' and the building permit issued to the neighbouring property at Ext.P10 by the Municipality. A further writ petition was filed as seen from ExtP11, in which again there was a direction to consider. The Municipality considered the matter afresh and by Ext.P12 reiterated its findings at Ext.P8. The petitioner challenges the same.