AHAMMEDKOYA HAJI Vs. THALAKKULATHUR GRAMAPANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioner is the owner of a parcel of land situate in Re.Sy.No.41/3A, 4 of Thalakkulathur Village, Kozhikode district. Petitioner submitted an application seeking building permit before the 2nd respondent, ie, Secretary of the Thalakkulathur Grama Panchayat, for carrying out construction of a total plinth area of 3935.18M2 . Permit was granted, petitioner completed the construction and thereafter, submitted completion plan and also filed application seeking numbering of the building and thereupon, petitioner was confronted with Exts. P4, P5 and P7 orders by the Panchayat, stating that the construction was carried out in a property covered by the Basic Tax Register as well as Village Records as paddy field. Case of the petitioner is that, the property is covered under two Sy.Nos. namely, 41/3A and 41/4, out of which, 41/4 is shown as garden land and 41/3A is shown as Nancha. Thereupon, Panchayat has not numbered the building and further action was initiated under Section 235AA of Act 1994, by providing a UA number. The said proceeding is also pending consideration before the Panchayat.

(3.) A counter affidavit is filed by the 1 st and 2nd respondents, justifying their stand adopted in the notices issued to the petitioner. However, today, when the matter is taken up, learned Senior Counsel submitted that, situation would suffice if a direction is issued to the statutory authority to entertain an application to be submitted by the petitioner seeking permission for utilization of the property for other purposes other than paddy cultivation and agricultural operations. In that view of the matter, petitioner is left open with the liberty of submitting a suitable application before the additional 4th respondent, within three weeks from the date of receipt of a copy of this judgment, which if received, shall be considered at the earliest possible and at any rate, within two months from the date of receipt of the application.