2025:KER:26556 WP(C) No.11196 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 11196 OF 2025 PETITIONER/S: 1 K.V. JOSE AGED 64 YEARS S/O. K.P. VARKEY, KAKKANATT HOUSE, ULLAPALLIKKARA, PERUMPALLOOR P.O., MARADI, MOOVATTUPUZHA, ERNAKULAM, PIN - 686673 2 V.U. SIDDIQ AGED 72 YEARS S/O. A.U. UMMER, VELIYATHUKUDY, MARKET P.O., MOOVATUPUZHA, ERNAKULAM, PIN - 686773 3 P.M. RASHEED AGED 64 YEARS S/O. P.V. MUHAMMED HAJI, PADINJARECHALIL, MARKET P.O, MOOVATUPUZHA, ERNAKULAM, PIN - 686773 BY ADVS. V.K.PEERMOHAMED KHAN GIRISH KUMAR V.C RESPONDENT/S: 1 THODUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY THODUPUZHA P.O, IDUKKI DISTRICT, PIN - 685584 2 ASSISTANT EXECUTIVE ENGINEER THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA P.O, IDUKKI, PIN - 685584 BY ADV Unnikrishnan V Alapatt THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26556 WP(C) No.11196 OF 2025 2 J U D G M E N T The petitioner is aggrieved by Ext.P7 intimation given by the respondents, conveying that the application submitted by the petitioner for renewal and regularisation of the building permit granted to him for constructing a building in his property, cannot be considered. As per Ext.P7, the only reason mentioned is that the property is included as ‘wetland’ in the revenue records and therefore, the same cannot be considered. However the contention of the petitioner, on the strength of the building permit already obtained by the predecessor in interest of the petitioner, a building with a plinth area of 2047.17 Sq.Mtr is already constructed by him and the said permit was granted in the light of Ext.P2 judgment. Therefore, the petitioner is entitled to carryout further construction, on the said property, irrespective of the question that the property is included as ‘wetland’ in the revenue records. 2. In the statement submitted by the 1st respondent, it is averred that, the application was not 2025:KER:26556 WP(C) No.11196 OF 2025 3 considered by them in view of the prohibition contained in Sec.14 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 as the property is described as ‘wetland’ in the revenue records. However, it is also averred that, the Municipality will reconsider the application if the same is resubmitted. After considering all the relevant records, I am of the view that, as the Municipality has not taken a final decision on the application, by taking note of the Ext.P2 judgment, it is only proper that the application of the petitioner be considered on merits. In such circumstances, this writ petition is disposed of directing the 1st respondent to ensure that, a Competent Officer of the said respondent considers the application submitted by the petitioner and take a decision on merits, after hearing the petitioner, and also taking note of Ext.P2 judgment. Decision in this regard shall be taken within a period of one month from the date of receipt of copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/0404 2025:KER:26556 WP(C) No.11196 OF 2025 4 APPENDIX OF WP(C) 11196/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE REGISTERED IN THE NAME OF THE PETITIONERS VIDE NO. 2929/I/2022 OF THODUPUZHA SRO Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 27.02.2012 IN WP(C) NO: 3995/2012(Y) ON THE FILES OF THIS HON’BLE COURT Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18.06.2018 IN W.P(C) NO.17567/2017 OF THIS HONOURABLE COURT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11.07.2019 IN W.P(C) NO. 40137 OF 2018 OF THIS HONOURABLE COURT Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO: 18114 OF 2023 OF THIS HONOURABLE COURT DATED 10.08.2023 Exhibit P6 TRUE COPY OF THE PLAN ALONG WITH THE RECEIPT SUBMITTED BEFORE THE RESPONDENTS THROUGH 'K- SMART' PORTAL FOR REGULARISATION OF THE BUILDING Exhibit P7 TRUE COPY OF THE RETURN FORM DOWNLOADED FROM THE 'K-SMART' PORTAL RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE