IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 11898 of 2010(J) -------------------------- PETITIONER: --------------- DOMINIQUE,KARAKKAL HOUSE,PEECHI, THRISSUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR,THRISSUR. 2. PANANCHERY GRAMA PANCHAYATH,PANANCHERRY, THRISSUR DISTRIT.REP.BY ITS SECRETARY. 3. STATE OF KERALA,REP.BY SECRETARY, LOCAL SELF GOVT.DEPARTMENT,SECRETARIAT, TRIVANDRUM. R1 & R3 BY GOVERNMENT PLEADER SRI.V.MANU R2 BY SRI.V.V.ASOKAN SRI.MAHESH V.MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).NO. 11898 OF 2010(J) APPENDIX PETITIONERS EXHIBITS. Ext.P1. PHOTOCOPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.12.2009 U/S.48(3) 3 OF NATIONAL HIGHWAY ACT. EXT.P2. PHOTOCOPY OF THE RESOLUTION DATED 27.10.2009 PASSED BY THE PANCHAYATH COMMITTEE. EXT.P3. PHOTOCOPY OF THE RESOLUTION DATED 16.12.2009 PASSED BY THE PANCHAYATH COMMITTEE. EXT.P4. PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER FOR LOCAL SELF GOVT. DATED 5.1.2010. EXT.P5. PHOTOCOPY OF THE LETTER ISSUED BY THE MLA REPRESENTING OLLUR LEGISLATIVE ASSEMBLY CONSTITUENCY TO THE 2ND RESPONDENT DATED 1.12.2009. EXT.P6. PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PANANCHERRY DATED 24.1.2009. EXT.P7. PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED BY HE VILLAGE OFFICER, PANANCHERRY DATED 23.9.2009. EXT.P8. PHOTOCOPY OF THE LETTER ISSUED BY HE VILLAGE OFFICER, PANANCHERRY TO THE 2ND RESPONDENT DATED 20.11.2009. EXT.P9. PHOTOCOPY OF THE ORDER NO.A2-208/09-10 ISSUED BY THE 2ND RESPONDENT DATED 14.12.2009. EXT.P10. PHOTOCOPY OF THE PHOTOGRAPHS SHOWING THE LAND OWNED BY HE PETITIONER AND THE SHOP ROOM OWNED BY THE BROTHERS OF THE PETITIONER. EXT.P11. PHOTOCOPY OOF THE PHOOGRAPH SHOWING ROADSIDE VIEW OF THE PLOT. EXT.P12. PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENTS EXHIBITS: EXT.R2(a): TRUE COPY OF THE GOVERNMENT CIRCULAR 45846/R.A.1/08/LSGD. EXT.R2(b): TRUE COPY OF THE GOVERNMENT CIRCULAR 477049/R.A .1/08/LGD. P.S. TO JUDGE TRUE COPY VK P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.11898 of 2010 ------------------------------- Dated this the 3rd day of September, 2010 J U D G M E N T The petitioner along with his brothers jointly own 34 cents of land in Survey Nos. 118/4, 118/5 and 118/14 of Pananchery Village in Thrissur Taluk. A three storied building was situated in a portion of the said parcel of land. With a view to put up another building in the lands, the said building was demolished. The petitioner along with his brothers thereafter submitted an application to the Secretary, Pananchery Grama Panchayat for permission to construct a commercial building. That application was rejected by Ext.P9 order on the short ground that in the revenue records the property is classified as 'Nilam', and therefore, the building permit cannot be issued. This writ petition was thereupon filed challenging Ext.P9 order and seeking the following reliefs:- i. issue a writ of certiorari or other appropriate writ or order quashing Ext.P9 order issued by the 2nd respondent Panchayath rejecting the application for building permit. ii. Direct the 2nd respondent to reconsider the building permit application and allow the petitioner to construct a building in the purayidom land situated in Sy.No.118/14 situated in Panancharry Village, Trichur. W.P.(C) No.11898 of 2010 2 iii.Direct the Panchayat to issue building permit to the petitioner to construct a new building in the Purayidom land situated in the Peechi junction Sy.No.118/14 situated just behind the existing 3 storied building acquired for road widening in Panancharry Village, Trichur in the light of Ext.P2 and P3 resolutions. 2. This writ petition was admitted and notice ordered to the respondents on 6.4.2010. Shortly thereafter, the petitioner submitted Ext.P13 representation dated 9.4.2010 before the District Collector, Thrissur, requesting the District Collector to classify the land as dry land. Later, by order passed on 7.7.2010 in I.A.No.9044 of 2010, this Court directed the District Collector, Thrissur or the concerned Revenue Divisional Officer to consider the said application and take an appropriate decision thereon, after due enquiry. 3. When the writ petition came up for hearing today, the learned Government Pleader appearing for respondents 1 to 3 submitted that pursuant to the said order, the District Collector made over the application to the Revenue Divisional Officer, Thrissur and that the Revenue Divisional Officer has after due enquiry, held that the land belonging to the petitioner and his brothers is classified as 'Purayidam' (garden land) in the revenue records, and therefore, the application for building permit has to be considered on its merits. A W.P.(C) No.11898 of 2010 3 copy of the letter dated 21.8.2010 sent by the Revenue Divisional Officer, Thrissur to the Secretary of Pananchery Grama Panchayat was also made available to me. I have perused the same. A reading of the said letter discloses that the Revenue Divisional Officer has certified that the land belonging to the petitioner, which is the subject matter of the writ petition is not 'Nilam' but 'Purayidam', and therefore, the application for building permit cannot be rejected on the grounds stated in Ext.P9. In such circumstances, I am of the opinion that the stand taken by the Secretary, Pananchery Grama Panchayat in Ext.P9 cannot be sustained. I, accordingly allow the writ petition, quash Ext.P9 and direct the Secretary, Pananchery Grama Panchayat to reconsider the application for building permit submitted by the petitioner and his brothers and take an appropriate decision thereon expeditiously and in any event, within one month from the date on which the petitioner produces a copy of this judgment before the second respondent. The petitioner shall pay the requisite fee, if any, on being informed of the same by the Secretary of the Grama Panchayat. P.N.RAVINDRAN, Judge. nj.