IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 7148 of 2010(P) ------------------------- PETITIONER(S): --------------- SALAVUDEEN.A, S/O.ABDUL KAREEM RAWTHER, AGED 45 YEARS, CHARURETH VADAKKETHIL, ERUMAKUZHY, NOORANAD PO. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. SECRETARY, PALAMEL GRAMA PANCHAYATH, PALAMEL, NOORANAD PO. 3. AGRICULTURAL OFFICER, KRISHIBHAVAN, PALAMEL, NOORANAD PO. 4. VILLAGE OFFICER, PALAMEL VILLAGE, NOORANAD PO. ADV. SRI.VINCENT JOSEPH FOR R2 SRI.M.R.ARUN KUMAR FOR R2 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7148/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PROJECT FORWARDING LETTER DATED 24/03/2009. P2 : COPY OF ORDER DATED 17/03/2009. P3 : PHOTOGRAPH OF PROPOSED LAND. P4 : COPY OF CERTIFICATE DATED 01/03/2010. P5 : COPY OF CIRCULAR DATED 31/07/2008. P6 : COPY OF LETTER WITH ENDORSEMENT DATED 11/02/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7148 of 2010 (P) --------------------------------- Dated, this the 17th day of March, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P2, an order passed by the Panchayat declining the application made by the petitioner for a building permit. Reason stated is that on inspection and on verification of the title deed, the land was found to be a reclaimed one. However, the petitioner has produced materials including photographs, from which, it is obvious that the present situation of the land is that it is a developed garden land and yielding coconut trees are also seen in the said plot. In the light of this, I feel it was a totally unrealistic view, that is reflected in Ext.P2. Having regard to the above, I dispose of this writ petition quashing Ext.P2 and directing the Panchayat to pass fresh orders on the application made by the petitioner, taking into account the statement of affairs as it is obtaining today. This shall be done as expeditiously as possible, at any rate, within two weeks from today. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg