W.P.(C) No.20828 of 2021 1 2025:KER:28172 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 20828 OF 2021 PETITIONER: SANJITH GEORGE,AGED 41 YEARS S/O GEORGE, RESIDING AT PAREKATTIL HOUSE, AVOLY P.O, MUVATTUPUZHA-686670. BY ADVS.SANTHOSH MATHEW ARUN THOMAS, JENNIS STEPHEN KARTHIKA MARIA, TOM THOMAS (KAKKUZHIYIL) ANIL SEBASTIAN PULICKEL, JAISY ELZA JOE LEAH RACHEL NINAN, SHEEJA N.V. RESPONDENTS: 1 STATE OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001, REPRESENTED BY ITS SECRETARY. 2 REVENUE DIVISIONAL OFFICER(ASST COLLECTOR) MUVATTUPUZHA, GROUND FLOOR, PATTIMATTOM, MUVATTUPUZHA ROAD, MUVATTUPUZHA, KERALA-686673. 3 TAHSILDAR, FIRST FLOOR, MINI CIVIL STATION, PATTIMATTOM-MUVATTUPUZHA ROAD, MUVATTUPUZHA, KERALA-686673. 4 AVOLY GRAMA PANCHAYAT AVOLY P.O, MUVATTUPUZHA, ERNAKULAM-686670. W.P.(C) No.20828 of 2021 2 2025:KER:28172 5 THE SECRETARY,AVOLY GRAMA PANCHAYAT, AVOLY P.O, MUVATTUPUZHA, ERNAKULAM-686670. 6 VILLAGE OFFICER, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA, ERNAKULAM-686661. BY ADV P.M.SANEER OTHER PRESENT: GP- RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.20828 of 2021 3 2025:KER:28172 VIJU ABRAHAM, J. ................................................................. W.P.(C) No.20828 of 2021 ................................................................. Dated this the 1st day of April, 2025 JUDGMENT Petitioner has approached this Court challenging clause 2 of Ext.P8 proceedings issued by the 2nd respondent in the light of Ext.P2 KLU Order. Petitioner has also sought for a direction quashing Exts.P13 and P14 communications. 2. Learned counsel for the petitioner submits that the issue is covered in his favour by judgment of this Court in Abad Builders Pvt. Ltd. v. State of Kerala & others, 2021 SCC OnLine Ker 2308. 3. Heard the learned Government Pleader also. After hearing both sides I am of the view that the issue is covered in favour of the petitioner. Accordingly clause 2 of Ext.P8 is set aside. Consequently Exts.P13 and P14 communications are also set aside with a direction to the 5th respondent to process Ext.P5 application for regularisation of the construction of building without insisting any additional payment under Rule 12(9) of the Kerala W.P.(C) No.20828 of 2021 4 2025:KER:28172 Conservation of Paddy Land and Wetland Act, 2008 based on Ext.P2. Writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE cks W.P.(C) No.20828 of 2021 5 2025:KER:28172 APPENDIX OF WP(C) 20828/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 13.05.2019 IN RESPECT OF THE ABOVE 51 CENTS ALONG WITH THE OTHER PROPERTIES. Exhibit P2 TRUE COPY OF THE ORDER NO.K.DIS/962/09 DATED 8/4/1996 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 6.03.2017. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13.03.2017 SUBMITTED BEFORE THE 5TH RESPONDENT. Exhibit P5 TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 13.02.2019 . Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 20.03.2019. Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C0 NO.10789/2019 DATED 29.08.2019. Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.A3- 106/2020/R DIS DATED 27.05.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 27/08/2020. Exhibit P10 TRUE COPY OF THE TAX RECEIPT DATED 08.09.2020. W.P.(C) No.20828 of 2021 6 2025:KER:28172 Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 14.09.2020 SUBMITTED TO THE 5TH RESPONDENT WITH RECEIPT. Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED 11.01.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. Exhibit P13 TRUE COPY OF ORDER NO,A3-577/21 DATED 10.03.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P14 TRUE COPY OF THE LETTER NO.C2- 574/2019 DATED 26.07.2021 ISSUED BY THE 5TH RESPONDENT. Exhibit P15 TRUE COPY OF THE LETTER DATED 23.07.2021 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 17/05/2021 IN WPC NO.2785/2021. Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 19.07.2021 IN WPC NO.13982/2021.