The petitioner has filed this writ petition seeking the following reliefs:- i) To issue a writ in the nature of certiorari or any other appropriate writ or order or direction to call for the records leading to Ext.P3 and to quash it;
ii) To issue a writ of mandamus or other appropriate writ, order or direction to the respondents to review Ext.P3 order and issue building permit to the petitioner for constructing shop rooms in the property in the light of Ext P4 report.
iii) To issue a writ of mandamus or other appropriate writ, order or direction to the respondents to issue building permit to the petitioner for constructing shop rooms as per the plan and sketch produced along with application dated 11-09-2014 in the light of Ext.P4 report.
iv) Declare that the petitioner is entitled to get building permit for constructing shop rooms in as per the plan and sketch produced along with application dated 11-09-2014.
v) To issue such other writ, order or direction to the respondents as this Hon'ble Court deems fit and W.P.(C) No.24193 of 2014-Y -:2:-
proper in the circumstances of the case.
2. The case of the petitioner is that, she has submitted an application for the construction of shop rooms in the property comprised in Survey No.469/4 of the Kunnukara Village in Ernakulam District. The property has an extent of 4.05 Ares. The application for building permit has been rejected by Exhibit P3 order stating that the property has been described as paddy field in the Revenue Records. The petitioner therefore challenges the same in this writ petition.
3. Advocate S. Shanavas Khan appears for the respondents. The counsel has handed over to me, the prohibitory order issued by the Revenue Divisional Officer, Fort Kochi on 04.08.2014, a copy of which is seen to have been marked to one Abdulla S/o Saidummuhammed. The prohibitorty order reads as follows:-
K2-6322/14 Revenue Divisional Office Fort Kochi, Dtd; 4/8/14
1. PROHIBITORY ORDER It has come to my notice that the land possessed by you in Survey Nos.469/4 of Block No. of Kunnukara W.P.(C) No.24193 of 2014-Y -:3:-
Village Paravoor Taluk is being filled illegally, without prior sanction of District Collector/Revenue Divisional Officer, violating the provisions of KLU order 1967/Kerala Conservation of Paddy Land and Wet Land Act, 2008. Hence you are directed to present before the under signed at 2pm on 10/09/14 and to show cause in writing why action should not be initiated against you under the provisions of KLU Order 1967/KCPL & Wet Land Act 2008. You are also directed to stop all the constructional activities till the disposal of the above case in the said land.
Sub Collector, Fort Kochi/ REVENUE DIVISIONAL OFFICER, FORT KOCHI
4. In view of the above, the petitioner would have to pursue the above proceedings before the Revenue Divisional Officer. If ultimately, the proceedings end in favour of the petitioner, the petitioner would be at liberty to submit her application for the issue of a building permit.
The above being the position, I find no grounds to grant any of the reliefs sought for in the writ petition. The same is therefore dismissed.
kkj Sd/-
K.SURENDRA MOHAN, JUDGE