IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 15504 of 2011(K) -------------------------- PETITIONER(S): ---------------------- GIRISH, S/O.CHANDRASEKHARA PILLAI, AGED 36,ASWATHI MANDIRAM,MAHADEVESWARAM, PAZHAYAKUNNUMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------------- 1. PAZHAYAKUNNUMEL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KILIMANOOR P.O, THIRUVANANTHAPURAM DISTRICT PIN - 695 601. 2. SECRETARY, PAZHAYAKUNNUMEL GRAMA PANCHAYAT, KILIMANOOR P.O, THIRUVANANTHAPURAM DISTRICT.PIN- 695 601. 3. TAHASILDAR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT PIN - 695 304. R1, R2 BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE R3 BY GOVERNMENT PLEADER SRI.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, ALONG WITH WPC NO. 16030 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15504 of 2011(K) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE SALE DEED EXT.P2. COPY OF THE LOCATION CERTIFICATE EXT.P3. COPY OF THE LOCATION MAP EXT.P4. COPY OF THE POSSESSION CERTIFICATE EXT.P5. COPY OF THE REPORT OF THE 3RD RESPONDENT EXT.P6. COPY OF THE APPLICATION FOR BUILDING PERMIT EXT.P7. COPY OF THE ORDER OF THE 2ND RSPONDENT DT. 18.5.2011 RESPONDENT'S EXHIBITS : -------------------------------------- EXT.R1(A). COPY OF LETTER DT. 18.5.2011 ISSUED BY THE PANCHAYATH EXT.R1(B). COPY OF CIRCULAR NO.45846/RA/08/LSGD DT. 31.7.2008 / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 15504 of 2011 --------------------------------------- Dated this the 1st day of August 2011. JUDGMENT Petitioner submitted an application for building permit for the construction of commercial building in the property comprised in survey No.225/12 1-1 and 225/12-2 of Pazhayakunnumel Village. 2. The property of the petitioner is facing MC road. The 3rd respondent conducted site inspection and reported that the property of the petitioner is a dry land for the past around 30 years. Ext.P5 is the report submitted by the 3rd respondent to the Revenue Divisional Officer stating the nature of the land. Ext.P6 is the application for building permit. The Panchayat rejected the application by passing Ext.P7 order. The reasons stated in Ext.P7 order is that the property is described as 'nilam' in the possession certificate. W.P.(C) No.15504/2011 2 3. Ext.P7 order is under challenge. The report of the Tahsildar shows that the property is a garden land. Learned counsel for the petitioner submits that the property is shown in the revenue records as nilam. This Court had occasion to consider the cases where the property is described as paddy land in the revenue records but in reality it is a garden land. In such circumstances, The Division Bench of this Court in the decision reported in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617) held that the nature of the property recorded in the village office as paddy field is not a reason for rejecting the application for permit and that the ground reality has to be considered before passing an order on the application for building permit. Similar view was taken by this Court in the decision reported in Sahahnaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899). In the circumstances, Ext.P7 order passed by the 2nd respondent Panchayath is quashed. There will be a direction to W.P.(C) No.15504/2011 3 the Secretary of the Panchayat to reconsider the application submitted by the petitioner and appropriate orders shall be passed expeditiously at any rate within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment before the first respondent. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al.