IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 17752 of 2011(T) ------------------------------------- PETITIONER(S): ----------------------- 1. ABU, S/O.P.C.MAMUNNI, VEETTILAKATH HOUSE, VELIYANKODE (P.O), PIN-679 587 PONNANI TALUK, MALAPPURAM DISTRICT. 2. MOHAMMED ALI, S/O.KUNHAHAMMED HAJI, THETHEYIL KALARIKKAL HOUSE, ERMANGALAM P.O., PIN-679 587 PONNANI TALUK, MALAPPURAM DISTRICT BY ADVS. SRI.JAMSHEED HAFIZ SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): ------------------------- 1. THE ALAMCODE GRAMA PANCHAYATH, REP.BY THE SECRETARY, NANNAMUKKU P.O., PIN-679 575 PONNANI TALUK, MALAPPURAM DISTRICT 2. THE SECRETARY, ALAMCODE GRAMA PANCHAYATH,NANMUKKU (P.O),PIN-679 575 PONNANI TALUK, MALAPPRUAM DISTRICT R1 & R2 BY ADVS. SRI.T.SETHUMADHAVAN, SC. SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.17752/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.199/1999 OF S.R.O. EDAPPAL DATED 22.01.1999. EXT.P2: COPY OF THE DOCUMENT NO.883/2011 OF S.R.O. EDAPPAL DATED 16.02.2011. EXT.P3: COPY OF THE NOTIFICATION 06.03.2010 FIXING FARE VALUE OF LAND IN THE ALAMCODE PANCHAYATH. EXT.P4: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 23.06.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.17752 OF 2011 ------------------------------- DATED THIS THE 30TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P4 order, for a direction commanding the respondent to re-consider the application of the petitioner, in the light of the precedents of this Court and to grant building permit to the petitioner. 2. Petitioners applied for a permit to the respondent- Panchayat for the construction of a commercial building in the property owned by him. The application was rejected by the respondent-Panchayat by Ext.P4 order stating that the description of the property in the Village records is 'Nanja'. Petitioner submits that the property owned by him was paddy field before 30 years of his purchase, that the owners of the property converted into a residential plot and have planted coconut trees which are now aged more than 30 years. It is pointed out that the adjacent properties, which originally belonged to the same owner at a point of time, are -2- W.P.(C).No.17752/2011 also residential plots and there are houses and commercial buildings constructed in the said property. Petitioners also produced Ext.P3 notification dated 14/12/2009 fixing the fare value of the land in the Panchayat, wherein the nature of the property is shown as residential plot. Petitioners also submits that several houses are constructed around the petitioners' property and those constructions are made in the lands similar to that of the petitioners. 3. This Court in the decision in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899) considered similar question and held that the mere description of an item of property as 'Nilam' (paddy field) or wet land in revenue records, is not conclusive. This Court also held that the authorities shall consider the ground realties and shall not depend on the description of the property in the revenue records or title documents. Similar question was considered by the Division Bench of this Court in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617). 4. In the aforesaid context, Ext.P4 is quashed. There -3- W.P.(C).No.17752/2011 will be a direction to the respondent-Panchayat to consider and dispose of the application for building permit afresh, after affording an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.