2025:KER:21643 WP(C) NO. 12594 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 12594 OF 2023 PETITIONER: ANPURAJ, AGED 65 YEARS, S/O CHELLATHURAI NADAR, ANPUBHAVAN, VANDIPERIYAR P.O, IDUKKI DISTRICT, PIN - 685553 BY ADVS. T.A.UNNIKRISHNAN K.K.AKHIL T. SREELAKSHMI UNNIKRISHNAN RESPONDENTS: 1 THE VANDIPERIYAR GRAMAPANCHAYAT, REPRESENTED BY ITS SECRETARY, VANDIPERIYAR .P.O, IDUKKI DISTRICT, PIN - 685553 2 THE SECRETARY, VANDIPERIYAR GRAMA PANCHAYAT, VANDIPERIYAR P.O., IDUKKI DISTRICT, PIN - 685553 2025:KER:21643 WP(C) NO. 12594 OF 2023 2 3 THE VILLAGE OFFICER, MANJUMALA, IDUKKI DISTRICT, PIN - 685533 BY ADVS. ARUN THOMAS JOMY K. JOSE, SC, VANDIPERIYAR GRAMA PANCHAYATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:21643 WP(C) NO. 12594 OF 2023 3 JUDGMENT This writ petition is submitted by the petitioner, being aggrieved by the rejection of the application submitted by the petitioner for a building permit by the respondent Panchayat. The only reason mentioned in the communication rejecting the application, which is Ext.2, is that, the property on which the residential building sought to be constructed is a ‘plantation’ as per the BTR and therefore the construction cannot be permitted. Challenging Ext.P2, this writ petition is submitted. 2. Heard, Sri. Unnikrishnan T.A., the learned counsel appearing for the petitioner and Sri.Jomy K. Jose, the learned Standing Counsel for the respondent Panchayat. 3. The specific contention put forward by the learned counsel for the petitioner is that, the stand taken by the respondents that, the petitioner cannot be permitted to construct a building on the said property, since the property being a plantation, cannot be considered as legally sustainable and the position of 2025:KER:21643 WP(C) NO. 12594 OF 2023 4 law in this regard is covered in his favour as per the decision rendered by this court in Mathew K. Jacob and Another V. District Environmental Impact Assessment Authority [2018 (4) KLT 913], District Collector v. Sajith Lal [2023 KLT OnLine 1225] and Elias T.V and Others v. Sub Collector, Wayanad and others [2019 (2) KLT 391. It is pointed out that, as per the observations made in the above decisions, even if the property is exempted under the provisions of the Kerala Land Reforms Act, being a plantation, that will not preclude the petitioner from enjoying the property, by utilizing the same for his beneficial purposes. The only consequence is that, in case the petitioner used the said property for any non-exempted purposes, it will be open for the authorities concerned to initiate proceedings under the Kerala Land Reforms Act, in respect of the extent of property which was utilized for non-exempted purposes. 4. On going through the observations made by this Court I find that the issue is covered in favour of the petitioner. 2025:KER:21643 WP(C) NO. 12594 OF 2023 5 In such circumstances, this writ petition is disposed of quashing Ext.P2 with a direction to the 2nd respondent to consider the application submitted by the petitioner for building permit and to grant the same, if it is otherwise in order, irrespective of the fact that the property is a plantation. It is clarified that, this Court has not entered into any finding regarding the consequences of the utilization of the property for constructing a residential building and this will not preclude the authorities concerned from initiating any proceedings under the provisions of the Kerala Land Reforms Act, if warranted. The application shall be considered by the 2nd respondent within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:21643 WP(C) NO. 12594 OF 2023 6 APPENDIX OF WP(C) 12594/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25/5/22 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 7/8/20220 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 12/08/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 1/12/2022 IN WP(C) NO. 36189 OF 2022 OF THIS HON'BLE COURT RESPONDENT EXHIBITS Exhibit R2(a) A true copy of the application submitted by the petitioner for building permit dated 11-06-2020 Exhibit R2(b) A true copy of the application submitted by the petitioner for occupancy certificate dated 10-08-2022 Exhibit R2(c) Copy of the Order dated 22-02-2021 issued by the State of Kerala, L.S.G.D Department