Jose P.Y.Vs District Collector Collectorate, Kakkanad Ernakulam, Pin 682030

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers :

“i. To issue a writ of mandamus or any other writ, order or direction to the 3rd respondent to consider and pass order on Ext P6 application for building permit without insisting to have the reference of nilam removed from the revenue records within a time frame fixed by this Hon’ble Court.

ii. To issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to issue orders on Ext P7 Form 6 application within a time frame fixed by this Hon’ble Court

iii. To issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.” [SIC]

The petitioner is aggrieved by the denial of building permit for an extension of petitioner's residential building. The 3rd respondent denied permit on the basis of inclusion of petitioner's property in the data bank and the reference of the property as nilam in the revenue records This is being done when the petitioner's property already has a house extending 689 sq.feet in it constructed in the year 1999. According to the petitioner, he is the absolute owner in possession and enjoyment of 1.63 ares of land comprised in Survey No.674/2-6+-0 Block No.9 of Kakkanad Village, Kanayannur Taluk, Ernakulam District. The aforementioned property is included in the Data Bank prepared with respect to Kakkanad Village under Thrikkakara Municipality. The revenue records with respect to the property shows the land as “Nilam”. According to the petitioner, the property is actually a garden land with a building of 689 sq.feet in it and is situated in a residential cum commercial area. The property is part of a villa project of the builders Link India Realtors Private Limited. The petitioner wanted to extend the building and applied for building permit before the Thrikkakara Municipality. It was then informed to the petitioner that the property is included in the Data Bank with remarks “Flat” and also the property is mentioned as “Nilam” in the revenue records. It was informed that the petitioner has to get the entry in revenue records corrected to get the building permit. According to the petitioner, he is entitled to get the building permit without insisting to get the entries corrected. It is stated by the petitioner that the wrong entry with respect to the subject property as nilam in the revenue records is liable to be corrected. As a matter of precaution, the petitioner filed Form 6 application on 9.3.2022. It is submitted by the petitioner that this application submitted for regularisation of conversion is pending consideration before the 2nd respondent. This writ petition is filed for a direction to the 3rd respondent to take necessary steps to issue the building permit without insisting to have the wrong entry of nilam corrected in the revenue records. Alternatively there is a prayer to issue direction to the 2nd respondent to consider and pass orders on Ext.P7 within a time limit.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

It is an admitted fact that the petitioner already constructed a building in the year 1999. Now, the proposal is only an additional construction of the ground floor and the upstair. It is the case of the respondents that the additional construction will exceeds the appurtenant land. Admittedly, the property is included in the Data Bank. The petitioner submitted Ext.P7 application, Form 6 for the correction of the entry in the revenue records. In such circumstances, according to me, Ext.P7 can be directed to dispose within a time frame and based on the decision, the Municipality can take appropriate steps.

Therefore, this writ petition is disposed of with the following directions :

1) The 2nd respondent is directed to consider and pass appropriate orders on Ext.P7 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

2) The 3rd respondent will issue building permit for enclosing the existing staircase and making construction in the first floor, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of the judgment, on getting an undertaking that the petitioner will not make any additional construction in the ground floor.