Manoj vs Muriyad Grama Panchayath on 30 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20122 of 2008(U)


1. MANOJ, AGED 39,
                      ...  Petitioner

                        Vs



1. MURIYAD GRAMA PANCHAYATH,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.JOHN NUMPELI (JUNIOR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/07/2008

 O R D E R
                          ANTONY DOMINIC, J.

                        ===============
                     W.P.(C) NO. 20122 OF 2008 U
                   ====================

                Dated this the 30th day of July, 2008

                              J U D G M E N T

The challenge in this writ petition is against Ext.P4. Ext.P4 is an

order passed by the Secretary of the respondent Panchayat on the

allegation that since the land in question is classified as nilam in the

revenue records, it is not possible to number the building. Petitioner refers

to Ext.P5, a photograph of the building from which it is seen that the

construction of the building has been completed fully. It is also evident

from the photograph that the land in question is a fully developed garden

land with yielding coconut and other trees. Therefore, though the land

may be classified as nilam in revenue records, factually the land is a fully

reclaimed garden land. If that be so for the only reason that it has been

described as nilam in the revenue records, it may not be proper to decline

to number the building.

2. In view of this, the writ petition is disposed of quashing Ext.P4

and directing that the Panchayat shall reconsider the application made by

the petitioner having due regard to the state of affairs as it is prevailing

WPC 20122/08
:2 :

now. Orders as above shall be passed, as expeditiously as possible, at any

rate within 4 weeks of production of a copy of this judgment.

ANTONY DOMINIC, JUDGE
Rp