LUKE STEPHEN Vs. ADDITIONAL CHIEF SECRETARY (REVENUE)

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P14 and P15 communications issued by the Pallivasal Grama Panchayat and the District Collector, Idukki dated 04.07.2018 and 29.06.2018, whereby the Secretary of the Grama Panchayat has directed the petitioner to show cause why the building permit as well as the D&O licence issued to the petitioner shall not be cancelled, and the direction of the District Collector to take action against the petitioner by cancelling the clearances given from the Grama Panchayat, respectively. Brief material facts for the disposal of the writ petition are as follows:

(2.) The subject property admeasuring 50 cents comprised in Block No.12, Re-survey No.137/8 of Anaviratti Village (old Survey No.19/1 of Pallivasal Village) forms part of the larger extent viz., 14.05.05 hectares + 8.3058 hectares of land owned by the petitioner. The said larger property of the petitioner formed part of 10,000 Acres of land comprised in Survey No.19/1 of Anaviratti Village, Devikulam Taluk, assigned by the State Government, in favour of one Padannamackal Chacko in the year 1935. The said larger property of Padannamackal Chacko changed hands under different documents to third parties. While so, petitioner purchased an extent of 14.85.88 hectares and adjacent extent of 8.3058 hectares of land and this land later became comprised in the Re-survey and the Block number specified above of Anaviratti Village, and petitioner has been paying land tax in his name after getting it mutated in his name.

(3.) So also, 50 cents of property formed part of an extent of 6.72 acres covered under sale deed No.1224/1997 dated 08.05.1997 of Devikulam Sub Registry Office. Petitioner thereafter secured necessary no objection/approvals from the revenue authorities, and on the basis of which, secured building permit from the 4th respondent, i.e., the Secretary of the Grama Panchayat, in the year 2011. The construction of the building complex was completed perfectly in accordance with the building permit and obtained occupancy certificate/ownership certificate from the Panchayat and the resort has been functioning since the last two years.