IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9671 of 2010(H)
1. K.SETHUKUMAR, AGED 42 YEARS,
... Petitioner
Vs
1. SECRETARY, PALLICKAL GRAMA PANCHAYAT,
... Respondent
2. REVENUE DIVISIONAL OFFICER,ADOOR.
For Petitioner :SRI.K.MADHUSOODHANAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.9671 of 2010 (H)
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Dated, this the 23rd day of March, 2010
J U D G M E N T
The petitioner submits that he applied for a building permit to
the respondent Panchayat. That was rejected by Ext.P3 order.
Reason stated in Ext.P3 is that on inspection, the land was found to
be a reclaimed land. According to the petitioner, the reclamation of
the land in question was on the strength of Ext.P1 order passed by
the Revenue Divisional Officer on 24/08/1996 exercising his powers
under the provisions of the Kerala Land Utilisation Order. It is
stated that although Ext.P1 was produced, it was without adverting
to Exts.P1, that Ext.P3 order was passed. It is stated that on receipt
of Ext.P3, he submitted Ext.P4 explaining the correct position and
that even after the receipt of Ext.P4, the matter has not been
considered.
2. If as stated by the petitioner, he has produced Ext.P1 and
that the land was reclaimed as directed in Ext.P1, that certainly was
a matter which ought to have been taken into account when the
WP(C) No.9671/2010
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application submitted by the petitioner for building permit was
taken up for consideration. Ext.P3 order of rejection does not show
that the Panchayat had considered Ext.P1. Therefore, I feel the
matter needs to be reconsidered.
Therefore, this writ petition is disposed of directing the
Panchayat to reconsider the application made by the petitioner for
building permit in the light of Ext.P1 order passed by the RDO and
the explanation given by the petitioner in Ext.P4. Fresh orders in
the matter shall be passed with notice to the petitioner and as
expeditiously as possible, at any rate, within four weeks of
production of a copy of this judgment.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg