IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12233 of 2010(D)
1. MUHAMMED HAJI,
... Petitioner
Vs
1. MALAPPURAM MUNICIPALITY, REP. BY
... Respondent
2. SECRETARY,
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 12233 OF 2010 (D)
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Dated this the 7th day of April, 2010
J U D G M E N T
Petitioner submits that in their property comprised in
Sy.No.268 of Melmuri Village in Eranadu Taluk, they want to
undertake certain constructions. For the said purpose, they
wanted to obtain building permit from the respondent
Municipality. It is stated that although application was tendered
to the Secretary of the Municipality, that was refused to be
accepted for the reason that in the revenue records, the property
has been described as Nilam. According to the petitioner, the
property is not a wet land but is a garden land. It is stated that
this fact can be verified if an inspection of the property is
conducted. It is also their case that in the property, there already
exists a building.
2. Whatever be the reason, if the petitioner wants to
make an application for a building permit, it is the duty of the 1st
respondent to accept the application and consider the same in
accordance with law and in particular, the judgment of this Court
in Shahanaz Shukkoor v. Chelannur Grama Panchayat
WPC No. 12233/10
:2 :
(2009(3) KLT 899).
3. Having regard to the complaint of the petitioner that
the 1st respondent has refused to accept the application, it is
directed that it will be open to the petitioner to submit the
application afresh and the 1st respondent shall consider the same
in accordance with law, and in particular, the judgment referred to
above and pass orders thereon. It is also directed that the
petitioner shall produce the revenue records and such other
documents supporting his case, in which event, that will also be
adverted to.
4. Petitioner shall produce a copy of this judgment along
with a copy of this writ petition before the 1st respondent for
compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp