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2022 Supreme(Online)(KER) 48348
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
GOPALAPILLAI – Appellant
Versus
OACHIRA GRAMA PANCHAYAT – Respondent
WP(C)/21333/2020
Important Points
Subject
Administrative Law - Writ Jurisdiction
Act Referred
Headnote
Mandamus - Building Numbering - Kerala Conservation of Paddy Land and Wetland Act - Section Overview - The court confirmed that the provisions of the 2008 Act were inapplicable to the building in question, directing the Panchayat to reconsider a fresh application for building numbering.
Fact of the Case:
A writ petition was filed for mandamus to sanction building numbers for the 1st and 2nd floors, with the petitioner citing an earlier sanction and the ground floor's construction date being before the enactment of the 2008 Act.
Finding of the Court:
The court found that the 2008 Act did not apply, as the ground floor was built in 1998, and A portion of the building was demolished for national highway acquisition. A fresh application for numbering was permitted.
Issues: Whether the provisions of the Kerala Conservation of Paddy Land and Wetland Act applied to the building, and the validity of previous refusals to issue numbers.
Ratio Decidendi: The court held that the prior construction predated the 2008 Act, thus not subject to its regulations, and mandated fresh consideration for building numbering applications.
Final Decision: The writ petition was disposed of, allowing the petitioner to apply for numbering the building afresh.
K.S.HARIHARAPUTHRAN, SRI.S.R.PRASANTH, SMT.BHANU THILAK, SRI.B.HARISH KUMAR, SRI.K.A.SALIL NARAYANAN
JUDGMENT
This writ petition is filed with following prayers:
“i. Issue a writ of mandamus directing the 1st respondent -Panchayat to sanction building numbers to the 1st and 2nd floor of the building.
ii. Issue such other order or direction, as this Hon’ble Court deem fit and proper.” (sic)
2. When this writ petition came up for consideration, the counsel for the national high way authority and the counsel for the petitioner submitted that a portion of the building is already demolished in connection with the acquisition for national highway- NH 66. The counsel for the petitioner submitted that the ground floor of the building was constructed in the year 1998 and the building number is obtained much earlier. Therefore, the provisions of the Kerala Conservation of Paddy Land and Wetland Act , 2008 (for short ‘2008 Act’) is not applicable. The counsel also submitted that this Court directed to give provisional number to the 1st and 2nd floor of the building as per order dated 07.4.2021 and the 1st respondent has not complied the same stating that only unauthorised building number will be given.
3. In the light of the fact that a portion of the building is already demolished for acquisition, the petitioner has to file a fresh application for numbering the building. It is made clear that since the construction of the ground floor is of the year 1998, for which there is no dispute, the provisions of 2008 Act will not applicable to this case. For facilitating the Panchayat to reconsider the matter Ext.P10 can be set aside.
Therefore, this writ petition is disposed of in the following manner:
1. Ext.P10 is set aside.
2. The petitioner is free to file a fresh application for numbering the building, within three weeks from the date of receipt of a copy of this judgment.
3. Once such an application is received, the 1st respondent will consider the same and pass appropriate orders in it, in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of the application.
4. All the contentions raised by the petitioner in this writ petition are left open.
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P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF WP(C) 21333/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 2165/91 DTD 07-11-1991 OF OCHIRA SRO EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P3 TRUE COPY OF THE OWNEERSHIP CERTIFICATE DTD 30-01-1999 EXHIBIT P4 TRUE COPY OF THE APPLICATION DTD 21-
02-2020 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPLY DTD 03-03-2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPORT DTD 04-07-2020 OF THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPORT DTD 22-06-2019 ISSUED BY THE 6TH RESPONDENT TO THE
2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE APPLICATION DTD 17-
07-2020 EXHIBIT P9 TRUE COPY OF THE CERTIFICATE DTD 18-
01-2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPLY DTD 12-08-2020 ISSUED BY THE 1ST RESPONDENT.
