1 W.P.(C) No.5081 of 2023 2025:KER:26385 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 5081 OF 2023 PETITIONER: VIBIN V.B., AGED 39 YEARS, S/O BHASKARAN NAIR, SAROVARAM (H), NANMINDA-14, KARIYATHANKAVU, SIVAPURAM, KOZHIKODE, PIN - 673612 BY ADVS. HARISH VASUDEVAN RAJAN VISHNURAJ RESPONDENTS: 1 UNNIKULAM GRAMA PANCHAYAT, PANCHAYAT OFFICE, KOYILANDY - EDAVANNA ROAD, EKAROOL, KOZHIKODE, PIN – 673574 REPRESENTED BY ITS SECRETARY. 2 THE SECRETARY, UNNIKULAM GRAMA PANCHAYAT, PANCHAYAT OFFICE, KOYILANDY - EDAVANNA ROAD, EKAROOL, KOZHIKODE, PIN - 673574 BY ADVS. VINOD SINGH CHERIYAN T.M.KHALID K.P.SUSMITHA E.G.GORDEN, SR.GP. 2 W.P.(C) No.5081 of 2023 2025:KER:26385 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.5081 of 2023 2025:KER:26385 JUDGMENT The petitioner states that he constructed a residential building on the basis of a permit issued in the year 2009, as evidenced by Ext.P3. Subsequently, some additional constructions have been carried out - the first floor, and the petitioner sought for regularising the said construction carried out by filing Ext.P4 application before the 1st respondent Panchayat. The petitioner has filed the captioned writ petition, pointing out that the application filed as above is not being considered, presumably for want of clearance under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Revenue Divisional Officer. The petitioner also points out to Ext.P6 communication to contend that the Panchayat is taking such a stand. 2. I have heard Sri.Harish Vasudevan, the learned counsel for the petitioner and Sri.Vinod Singh Cheriyan, the learned counsel for the respondent Panchayat. 3. The short issue arising for consideration in this writ petition is as to the requirement of the petitioner to obtain a clearance under Section 27A as noticed earlier. 4. The facts are not in dispute. The petitioner has 4 W.P.(C) No.5081 of 2023 2025:KER:26385 admittedly constructed a building on the basis of the permit he obtained, as evidenced by Ext.P3, in the year 2009. The further construction effected is not abetting the nearby properties is also not in dispute. It is further admitted by both sides that the additional construction is over the existing building constructed pursuant to Ext.P3 building permit. 5. It is in the light of the afore, the learned counsel, Sri.Harish would place reliance on the judgments of this Court in Global Education Trust v. State of Kerala and Others [2020 (6) KLT 738], Cheranelloor Grama Panchayath, Ernakulam and Another v. Joe Thattil [2020 (5) KLT 763] and Abdul Salam C.K. and Another v. State of Kerala and Others [2021 (6) KLT 452] to contend that insofar as the original construction was on the basis of a permit prior to the cut-off date – 30.12.2017, there is no requirement for obtaining orders under Section 27A as highlighted in Ext.P6 and as repeated in the counter affidavit filed on behalf of the Panchayat. On a perusal of the judgments so relied on by the learned counsel, I am of the opinion that the issue is squarely considered and decided in favour of the petitioner by the afore judgments. 5 W.P.(C) No.5081 of 2023 2025:KER:26385 6. Resultantly, I am of the opinion that the petitioner is entitled to succeed. Therefore, this writ petition would stand disposed of, directing the 1st respondent Panchayath to take a decision on Ext.P4 application, without insisting for the clearance under Section 27A as suggested in Ext.P6, as expeditiously as possible, at any rate, within a period of eight weeks from today. Sd/- HARISANKAR V. MENON JUDGE anm 6 W.P.(C) No.5081 of 2023 2025:KER:26385 APPENDIX OF WP(C) 5081/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE TAX RECEIPT NO.KL11041604210/2021 WITH RESPECT TO THE PETITIONER’S PROPERTY DATED 24.06.2021 Exhibit P2 A TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE NO.K1765/2021 ISSUED BY THE VILLAGE OFFICER, SIVAPURAM VILLAGE IN FAVOR OF THE PETITIONER DATED 24.06.2021 Exhibit P3 A TRUE PHOTOCOPY OF THE BUILDING PERMIT NO. 411/09.10 ISSUED BY THE 2ND RESPONDENT DATED 18.12.2009 Exhibit P3(a) A TRUE PHOTOCOPY OF THE PROPERTY TAX RECEIPT NO.60103311002659 ISSUED BY THE 1ST RESPONDENT DATED 24.06.2021. Exhibit P4 A TRUE PHOTOCOPY OF THE REGULARIZATION APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.07.2021. Exhibit P5 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, UNNIKULAM DATED 15.01.2021 Exhibit P6 A TRUE PHOTOCOPY OF DECISION PASSED BY THE 2ND RESPONDENT DATED 27.08.2022