IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 19763 of 2010(U) -------------------------- PETITIONER(S): --------------- KUNHAHAMMED BASHEER, AGED 56 YEARS, S/O.LATE AVAROOTTY MASTER, NADUTHODY HOUSE, ERANADU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. MALAPPURAM MUNICIPALITY, REP.BY ITS SECRETARY, MALAPPURAM. 2. SECRETARY, MALAPPURAM MUNICIPALITY,MALAPPURAM. BY S.C. SHRI N. ABDUL MAJEED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19763 of 2010-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2010. JUDGMENT Aggrieved by the rejection of the application for building permit, this writ petition has been filed. In Ext.P4, what is mentioned is that the area is included in the paddy field and there is violation of Rule 30(1) of the Kerala Municipality Building Rules. 2. According to the petitioner, the property is no longer a 'Nancha land” and the Revenue Divisional Officer, as per Ext.P3, permitted the predecessor-in-interest of the petitioner to convert the land for the purpose of constructing commercial building. Accordingly, the land was converted. Therefore, it no longer remains as a paddy field at all. It is pointed out that the order passed by the Revenue Divisional Officer has not been taken into consideration. 3. The order Ext.P3 is one issued under the Kerala Land Utilisation Order. The conversion was permitted by the Revenue Divisional Officer for various construction purposes. 4. What is projected in Ext.P4 is only that the area is a paddy field. The nature of the property as on the date of application, has not been wpc 19763/2010 2 considered by the authority concerned. Being a converted area, it cannot be said that the property is a paddy field or wet land. 5. In that view of the matter, the order Ext.P4 is quashed. There will be a direction to the respondents to reconsider the application for grant of building permit on its merits and communicate the decision to the petitioner within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/