Possession and prior assignment of land can suffice for building permit applications despite loss of title documents.

J U D G M E N T

The petitioner, an organisation of the Padanna community which is a scheduled caste, has been running a Lower Primary School namely Chengaloor A.L.P. School since 1948 at Chengaloor Village of Thrissur District. The petitioner was assigned with land having an extent of 46.76 Ares comprised in Survey No.777/3 of Chengaloor Village in proceedings No.LA3/3977/1970 of the respondent No.4. According to the petitioner, it has lost the original title documents with respect to the said property in the floods of 2018. The petitioner wants to reconstruct the building. In order to submit application for building permit, the petitioner has to produce the original title documents. Hence, the petitioner approached the respondent No.4 with Ext.P6 application seeking certified copy of the original assignment deed. But, as per Ext.P7, the respondent No.4 responded that no records pertaining to the land assignment in favour of the petitioner is available with his office. It is in these circumstances the petitioner approached this Court to give a direction to the respondent Nos.2 and 4 to issue certified copies of the title documents of the petitioner or in the alternative, to direct the respondent No.9 to accept the application for building permit of the petitioner without insisting for the title documents.

2. I have heard Sri.Rajit, the learned counsel appearing for the petitioner, Smt.Vidya Kuriakose, the learned Government Pleader and Sri.K.S.Bharathan, the learned counsel appearing for respondent Nos. 6 and 9.

3. It is not much in dispute that the petitioner was assigned land as per the proceedings of the respondent No.4 and a school building is functioning in the said property since 1948. The loss of the original title documents has rendered the petitioner unable to apply for a building permit to reconstruct the school building. The learned Government Pleader submits that no documents pertaining to the land assignment in favour of the petitioner is available in the office of the respondent No.4 but in the B.T.R. it is stated that the patta has been issued in favour of the petitioner. The learned Government Pleader further submits that the respondent No.4 conducted a site inspection and it was found that the petitioner is in possession of the building. In these circumstances, I am of the view that the respondent No.9 can be directed to accept the application for the building permit of the petitioner without insisting for the title documents.

4. The learned Counsel for the Panchayat made available to me a copy of the order in I.A.No. 640 of 2024 in Appeal No. 240 of 2024 by the Tribunal for Local Self Government Institutions, Thiruvananthapuram pertaining to the very same property. Relying upon the said order, the learned counsel submits that there is already an order by the Tribunal that no construction shall be undertaken in the property within the front setback portion of three meters distance from the existing old compound wall.

5. The learned Counsel for the petitioner submits that unless title documents are accompanied along with the application for building permit, the application cannot be submitted online.

Having heard the learned counsel for the petitioner, the learned Government Pleader and also the learned counsel for the Panchayat, this writ petition is disposed of with a direction to the respondent No.9 to accept the application for building permit of the petitioner in physical format without insisting for the title documents and consider and dispose of the same, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment. The petitioner is free to apply to the District Collector for reconstruction of its title deed.