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2020 Supreme(Ker) 645

Cheranelloor Grama Panchayath, Rep. by its Secretary, Chittoor – Appellant
Versus
Joe Thattil S/o Antony Thattil – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P. Mohandas, Sri. K. Sudhinkumar, Sri. S.K. Adhithyan, Sri. Sabu Pullan, Sri. Gokul D. Sudhakaran, Dr. K.P. Satheesan.
For the Respondent: Sri. P.K. Soyuz.

JUDGMENT :

SHAJI P. CHALY, J.

1. The appeal is preferred by the respondents in W.P. (C) No. 7007 of 2020 i.e. the Cheranalloor Grama Panchayat and its Secretary challenging the judgment of the learned single Judge dated 26.02.2020, whereby the learned Single Judge allowed the writ petition and quashed Ext.P6 notice issued by the Secretary of the Grama Panchayat dated 15.12.2018 declining to issue, the occupancy certificate and building number due to the additional construction carried out by the writ petitioner/respondent against Ext.P3 permit dated 26.10.2015 granted by the Secretary of the Grama Panchayat. Consequently, the writ petitioner was directed to secure necessary orders from the Revenue Divisional Officer concerned under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (‘the Act, 2008’ for short). Thereby, the Secretary was directed to consider the grant of occupancy certificate afresh without any reference to the nature of land in revenue records as paddy field, in accordance with the provisions of the Kerala Panchayat Building Rules, 2011 (‘Rules, 2011’ for brevity), which was in force at the time of grant of Ext.P3 building permit dated 26.10.2

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