IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27393 of 2009(T)
1. ROSE JAMES, KAIPPILLIL, PLOT NO.60,
... Petitioner
Vs
1. EDATHALA GRAMA PANCHAYAT, EDATHALA P.O.
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.SIBY MATHEW
For Respondent :SRI.KKM.SHERIF
Dated :20/11/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN, J.
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W.P. (C) No. 27393 OF 2009
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Dated this the 20th day of November, 2009
J U D G M E N T
The petitioner challenges Ext.P12 rejecting the
application for building permit on the ground that the land is a
piece of Nilam(Paddy land). Exts.P9 and P10 tends to show
that the ground realities may be that the land was not a wet
land or paddy land on the relevant date of coming into force of
the Conservation of Paddy Land and Wet Land Act, Kerala,
2008. The issue has to be decided in terms of the decision of
this Court in Shahanas Shukoor Vs. Chelannur Grama
Panchayath (in 2009(3)KLT 899). Accordingly, Ext.P12 iS
quashed and the first respondent is directed to reconsider the
application for building permit in the light of what is sated
above, within a period of four weeks from the date of receipt of
a copy of this judgment. The petitioner will be given an
opportunity of hearing.
( THOTTATHIL B RADHAKRISHNAN, JUDGE)
jma