IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10633 of 2010(D)
1. REJI SEBASTIAN, ELANJIMATTATHIL HOUSE,
... Petitioner
Vs
1. EDATHALA GRAMA PANCHAYAT,
... Respondent
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/04/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 10633 OF 2010 (D)
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Dated this the 5th day of April, 2010
J U D G M E N T
The application made by the petitioner for a building permit
was rejected by the respondent Panchayat by Ext.P8. It is
challenging this order, the writ petition is filed.
2. A reading of Ext.P8 shows that, according to the
Secretary, going by the revenue records, the land in question has
been described as a ‘Nilam’ and it was therefore that permission
has been declined. This Court had occasion to consider this very
issue in the judgment in Shahanaz Shukkoor v. Chelannur
Grama Panchayat (2009(3) KLT 899), where it has been held
that the application should be decided taking into account the
present condition of the land.
3. Going by the averments in the writ petition, the land in
question is a fully developed garden land. If that be so, the entry
in the revenue records relied on by the Panchayat in Ext.P8 can
be of no consequence, especially in the light of the judgment
referred to above.
WPC No. 10633/10
:2 :
Therefore, the writ petition is disposed of quashing Ext.P8.
The respondent is directed to inspect the land, and if it is satisfied
that the land in question is a garden land, fresh orders in
accordance with law will be passed. This shall be done, as
expeditiously as possible, at any rate within 4 weeks of
production of a copy of this judgment.
ANTONY DOMINIC, JUDGE
Rp