IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 29255 of 2010(F) -------------------------- PETITIONER(S): --------------- 1. VINODKUMAR JACOB, PAZHOOKUDY HOUSE, RAMALLOOR, KOTHAMANGALAM POST- 686691. 2. SIJIN.C.STEPHEN, MANJAYIL HOUSE, KOZHIPPILLY POST, KOTHAMANGALAM POST- 686691. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): --------------- 1. PINDIMANA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PINDIMANA POST 686 698. 2. THE SECRETARY, PINDIMANA GRAMA PANCHAYATH, PINDIMANA POST, PIN - 686 698. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29255/2010 APPENDIX PETITIONER'S EXHIBITS P1 TO P1(c) : PHOTOGRAPHS P2 : COPY OF SALE DEED DATED 09/07/2010. P3 : COPY OF APPLICATION FOR BUILDING PERMIT. P4 : COPY OF POSSESSION CERTIFICATE DATED 27/07/2010. P5 : COPY OF ORDER DATED 09/09/2010 BY THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29255 OF 2010 -------------------------- Dated this the 8th day of November, 2010 J U D G M E N T The petitioners jointly own a parcel of land situated within the local limits of Pindimana Grama Panchayat. With a view to put up a building in that parcel of land, for the purpose of starting a business in the bottling and sale of mineral water, the petitioners applied to the second respondent for the grant of a building permit. By Ext.P5 order passed on 9.9.2010, the said application was rejected on the ground that in the possession certificate produced by the petitioners, the land is described as Nilam. Ext.P5 is under challenge in this writ petition. 2. The petitioners contend relying on Ext.P1 series of photographs and the recitals in Ext.P2 title deed that the land is garden land and not Nilam and therefore, the second respondent erred in relying on the description of the land in the possession certificate. The petitioners contend relied on the decision of a learned single Judge of this Court in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899) that the provisions of the Kerala Conservation of Paddy Land and Wet Land WPC No.29255/2010 2 Act, 2008 operate on the basis of the actual fact situation and not on the basis of the description of the land in the revenue records or in the document of title. 3. Though the respondents have been served by special messenger, they have not chosen to enter appearance. A learned single Judge of this Court has in Shahanaz Shukkoor v. Chelannur Grama Panchayat (supra) held that the Kerala Act 28 of 2008 operates on the basis of the actual fact situation and not depending on the description of the land in the title deeds or in the revenue records. In the instant case, Ext.P1 series of photographs establish beyond doubt that the lands where the petitioners propose to put up the building is not a paddy land or wet land as defined in Kerala Act 28 of 2008. Ext.P2 sale deed in favour of the petitioners also describes the land as Purayidom. However in Ext.P4 possession certificate, the Village Officer has stated that the land belonging to the petitioners is Nilam. He has relied on the revenue records to state that the land belonging to the petitioners, which is the subject matter of Ext.P4, is Nilam. In the light of the authoritative pronouncement of this Court in Shahanaz Shukkoor v. Chelannur Grama Panchayat (supra), I am of the opinion that the decision WPC No.29255/2010 3 taken by the second respondent on the petitioners application for the building permit cannot be sustained. The second respondent has in my opinion misdirected himself in law when he rejected the petitioners' application. In the result, I allow the writ petition, quash Ext.P5 and direct the second respondent to reconsider the petitioners' application for building permit and to take a final decision in the matter expeditiously and at any rate, within one month from the date on which the petitioners produces a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps WPC No.29255/2010 4 WPC No.29255/2010 5