High Court Kerala High Court

Reji Sebastian vs Edathala Grama Panchayat on 5 April, 2010

Kerala High Court
Reji Sebastian vs Edathala Grama Panchayat on 5 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10633 of 2010(D)


1. REJI SEBASTIAN, ELANJIMATTATHIL HOUSE,
                      ...  Petitioner

                        Vs



1. EDATHALA GRAMA PANCHAYAT,
                       ...       Respondent

                For Petitioner  :SRI.GEORGE POONTHOTTAM

                For Respondent  :SRI.KKM.SHERIF

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/04/2010

 O R D E R
                      ANTONY DOMINIC, J.
                     ================
                W.P.(C) NO. 10633 OF 2010 (D)
                =====================

             Dated this the 5th day of April, 2010

                         J U D G M E N T

The application made by the petitioner for a building permit

was rejected by the respondent Panchayat by Ext.P8. It is

challenging this order, the writ petition is filed.

2. A reading of Ext.P8 shows that, according to the

Secretary, going by the revenue records, the land in question has

been described as a ‘Nilam’ and it was therefore that permission

has been declined. This Court had occasion to consider this very

issue in the judgment in Shahanaz Shukkoor v. Chelannur

Grama Panchayat (2009(3) KLT 899), where it has been held

that the application should be decided taking into account the

present condition of the land.

3. Going by the averments in the writ petition, the land in

question is a fully developed garden land. If that be so, the entry

in the revenue records relied on by the Panchayat in Ext.P8 can

be of no consequence, especially in the light of the judgment

referred to above.

WPC No. 10633/10
:2 :

Therefore, the writ petition is disposed of quashing Ext.P8.

The respondent is directed to inspect the land, and if it is satisfied

that the land in question is a garden land, fresh orders in

accordance with law will be passed. This shall be done, as

expeditiously as possible, at any rate within 4 weeks of

production of a copy of this judgment.

ANTONY DOMINIC, JUDGE
Rp