EURO-TECH MARITIME ACADEMY Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 5th respondent i.e., the Kizhakkambalam Grama Panchayat to allow the petitioner to make additional constructions above the existing construction pursuant to Ext.P10 plan, if it is otherwise in accordance with law and in order. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is an educational institution functioning in the private sector, having approval from the Director General of Shipping, Government of India, for conducting the whole range of Pre-Sea, Post Sea Competency and Simulator courses. The institute is conducting 48 different courses including 4 Year B.Tech Course in Marine Engineering in affiliation with Indian Maritime University, Chennai. The institute is established in the year 1999, having a campus facility of 392.88 Ares of property and a building having an extent of 1,50,000 sq.ft. The case projected by the petitioner is that, during the last phase of 2018, the Director General of Shipping issued show cause notices to the petitioner institute with regard to shortage of facilities, and subsequently prohibited fresh intake of students.

(3.) In order to tide over the situation in a fast pace, petitioner has no other option than to utilize the available space in existence and submitted Ext.P10 layout plan for carrying out construction above the existing building. But the 5th respondent is not taking any action to consider Ext.P10 plan by pointing out the restrictive provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008. According to the petitioner, petitioner is not seeking any permission for developing land, neither requesting for construction by correcting the entries in the basic revenue documents. Even though petitioner has submitted Ext.P13 representation, no action is taken by the Secretary of the Grama Panchayat. Petitioner is also relying upon a circular issued by the Local Administration Department dated 20.11.2016, in respect of the procedure to be adopted for providing constructions above the existing structures.