IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21128 of 2010(M)
1. CICILY T.T.,D/O.THOMAS
... Petitioner
Vs
1. MALA GRAMA PANCHAYATH, MALA,
... Respondent
2. THE SECRETARY, MALA GRAMA PANCHAYATH,
For Petitioner :SRI.K.I.ABDUL RASHEED
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.21128/2010-M
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Dated this the 13th day of August, 2010
J U D G M E N T
The grievance raised by the petitioner is that the
application for grant of building permit is not at all
being received by the Secretary of the Panchayat on the
plea that the property is a nilam as per the revenue
records. Ext.P4 is the copy of the application produced
before this Court.
2. Heard the learned counsel for the Panchayat. It
is submitted that the petitioner has not submitted the
application so far.
3. Even though the property is shown as nilam in the
revenue records, going by the Judgment in Shahanaz Shukkoor
v. Chelannur Grama Panchayat [2009 (3) KLT 899], the state
of affairs as on the date of the Act, namely, Conservation
of Paddy Land and Wet Land Act, 2008 alone is relevant. It
was held therein that the mere description of the property
as ‘nilam’ in the revenue records may not be crucial. The
local authorities will have to conduct due enquiry and then
take a decision in the matter.
4. There will be a direction to the Secretary of the
Panchayat to receive the application from the petitioner,
process the same, conduct due enquiry including enquiries
W.P.(C). No.21128/2010
-:2:-
with regard to the nature of the property, and take
appropriate decision within a period of one month from the
date of receipt of the application.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms