The petitioner has filed this writ petition challenging Ext.P7 order passed by the second respondent directing him to produce a No Objection Certificate from the Revenue Authorities. The petitioner is the owner of an extent of land comprised in Survey No.472/2B and 474/10 of Panakkad Village within the limits of the first respondent Municipality. The petitioner had applied for the issue of a building permit for constructing a commercial building in the property. The petitioner had earlier approached this Court by filing W.P.(C) No.16023 of 2013. This Court had by Ext.P2 judgment, set aside the impugned order in the said case rejecting the petitioner's application for building permit. It has also been directed in the said judgment that, the second respondent shall conduct an inspection of the petitioner's property, ascertain its present physical condition and thereafter pass appropriate orders in the matter. Accordingly, the land has 2 W.P.(C).No.30524 of 2014 been inspected. It is noted in Ext.P7 by the second respondent that, as per a circular issued by the District Collector, the second respondent has been prohibited from issuing a building permit in respect of lands converted unauthorizedly and in violation of law. Therefore the petitioner has been directed to obtain a No Objection Certificate from the Revenue Authorities, to the effect that the petitioner's property was not converted in violation of any provision of law. It has been stated in Ext.P7 that his application would be considered on the production of such certificate. 2. Advocate E.S.M.Kabeer appears for the respondents.
3. Heard. It cannot be said that the stand adopted by the second respondent in Ext.P7 is unreasonable. It has been held by a Division Bench of this Court that, even before the coming into force of Act 28 of 2008, the Kerala Land Utilisation Order, 1967 was in force and therefore, any conversion of paddy land in violation of the said provisions would be unauthorized. In the present case, according to the second respondent, the District Collector has issued a circular not to grant building permit to land 3 W.P.(C).No.30524 of 2014 converted unauthoriseldy. If the petitioner has converted the land legally and after obtaining proper permission, then it is for the petitioner to obtain and produce a No Objection Certificate from the Revenue Authorities and seek further action in the matter. I do not find any grounds to interfere with Ext.P7 at this stage.
In view of the above, this writ petition is dismissed without prejudice to the rights of the petitioner to obtain and produce a No Objection Certificate from the Revenue Authorities for the purpose of pursuing further action on his application for building permit.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.