LAWS(KER)-2019-2-223

SAREESH Vs. RAYAMANGALAM GRAMA PANCHAYATH

Decided On February 06, 2019
SAREESH Appellant
V/S
Rayamangalam Grama Panchayath Respondents

JUDGEMENT

(1.) Petitioners are owners of an extent of 4 Ares and 4.70 Ares of property situate in Re.Survey No.223/7/2, Block No.16 of Rayamangalam Village, within the limits of the Rayamangalam Grama panchayath, ie. 1st respondent. Petitioners have submitted applications seeking issuance of building permit, which was declined as per Exts.P7 and P8 orders assigning the reason that, the property is included in the data bank as per the provisions of the Kerala Conservation of Paddy Land And Wet Land Act, 2008 and remaining in the village records and BTR as paddy field. According to the petitioners, as per Ext.P6 report of the Agricultural Officer, it is quite clear and evident that, if the property is removed from the data bank for utilising it for other purposes, the same will not affect the paddy cultivation in and around the area. It is also pointed out that petitioners have submitted Ext.P9 application before the 2 nd respondent, ie. District Collector, seeking direction to the Village Officer to correct the BTR.

(2.) I have heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the Grama Panchayat and perused the pleadings and documents on record.

(3.) As pointed out above, the challenge made is against Exts.P7 and P8 orders passed by the Secretary of the Grama panchayath, refusing building permit to the petitioners. On a perusal of Kerala Panchayat Building Rules, 2011, it is evident that, unless and until petitioners secure necessary orders, from the respective statutory authorities, there is a clear prohibition contained under Rules from considering and granting building permit. Therefore, it cannot be said that the stand adopted by the Secretary of the Grama Panchayat is in any way bad or illegal. However, at that point of time, learned Counsel for the petitioner submitted that petitioner is prepared to submit suitable application before the respective statutory authorities.