IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 31392 of 2009(T) -------------------------- PETITIONER(S): --------------- SASIDHARAN AKKALATH REPRESENTED BY HIS WIFE ANBD POWER OF ATTORNEY HOLDER PATHRAVALAPPIL AJITHA, W/O. SASIDHARAN AKKALATH RESIDING AT ALAKKAD DESOM, KANKOLE VILLAGE KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- SECRETARY KANKOLE ALAPPADAMBA GRAMA PANCHAYATH, P.O. KANKOLE, VIA PAYYANNUR, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).31392/2009 ....................... Dated this the 3rd day of February, 2010 JUDGMENT 1. Though notice has been served, there is no representation on behalf of the respondent. 2. The challenge in the writ petition is against Ext.P4 whereby an application made by the petitioner for a building permit has been rejected. In Ext.P4 itself, it is stated that the plot, where the petitioner proposes to construct the house, is already reclaimed years back and that there are yielding coconut trees. But however rejection is ordered for the reason that the adjacent properties are still agricultural lands. 3. In my view, the stand taken in Ext.P4 is erroneous. Admittedly the land in question is a garden land and the fact that the adjacent properties are agricultural land is of no relevance. Therefore, for that reason, I cannot sustain Ext.P4. 4. Ext.P4 will accordingly stand set aside and the respondent W.P.(C).31392/09 2 is directed to pass fresh orders on the application made by the petitioner on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs