LAWS(KER)-2019-10-156

ANTONY.K.VARGHESE Vs. KADUNGALLUR GRAMA PANCHAYATH

Decided On October 26, 2019
Antony.K.Varghese Appellant
V/S
Kadungallur Grama Panchayath Respondents

JUDGEMENT

(1.) The petitioners have approached this Court, seeking that directions be issued to the 1st respondent-Kadungallur Grama Panchayat to number the building, already constructed by them in their property, comprised of in Survey Nos.325/6, 325/1A, 325/1B and 325/6 of Kadungallur Village; and also impugn Ext.P8 order, as per which their earlier application has been rejected.

(2.) According to the petitioners, Ext.P8 is untenable because, as per the said order, they have been asked to produce an order from the Revenue Divisional Officer (RDO) under the provisions of Kerala Land Utilization Order (KLU Order for short), as also a No Objection Certificate from the Kerala Coastal Zone Management Authority (KCZMA) and that both these conditions are without purpose and therefore, illegal. They say that their properties are fully converted "garden land" and that they have already obtained Ext.P13 judgment from this Court, wherein it has already been found so, and wherein a consequential direction had been issued to the RDO to give them necessary permission under Clause 6 of the KLU Order.

(3.) The petitioners allege that in spite of the directions in Ext.P13, the RDO has issued Ext.P14, rejecting their application and asking them to approach the competent Authority under the now defunct Section 3A of the Kerala Conservation of Paddy Land and Wetland Act. The petitioners thus impugn Exts.P8 and P14 and pray that the same be set aside.