IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 33147 of 2011 (P) PETITIONER: NEW INDIA CHURCH OF GOLD, THALAYAR KUTTOOR P.O, THIRUVALLA REPRESENTED BY ITS SECRETARY ABRAHAM THOMAS AGED 62, S/O.V.O.THOMAS THARAKANDATHIL, THALAYAR KUTOOR P.O, THIRUVALLA. BY ADV.MR.P.HARIDAS MS.S.SIKKY MS.SHIJIMOL M.MATHEW RESPONDENTS: 1 THE KUTOOR GRAMA PANCHAYAT,KUTOOR P.O THIRUVALLA 689 106 REPRESENTED BY ITS SECRETARY. 2 THE REVENUE DIVISIONAL OFFICER, ADOOR AND SECRETARY DISTRICT LEVEL COMMITTEE KERALA WETLAND CONSERVATION OF PADDY LAND & WETLAND ACT. 689 106. 3 STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF AGRICULTURE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. GOVERNMENT PLEADER MR.V.K.RAFEEK FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No. 33147 of 2011 (P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TAX RECEIPT DTD. 25.5.2010 ISSUED BY R1. EXT.P2: RECEIPT ISSUED BY R1. EXT.P3: BUILDING PLAN SUBMITTED TO R1. EXT.P4: RECEIPT ISSUED FOR THE APPLICATION FOR BUILDING PERMIT DTD. 10.3.2010. EXT.P5: MINUTES OF THE COMMITTEE. EXT.P6: MINUTES DTD. 20.12.2010 OF THE DISTRIT LEVEL COMMITTEE. EXT.P7: LETTER DTD. 2.12.2011 ISSUED BY R3. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.33147 Of 2011 ---------------------- Dated this the 22nd day of December, 2011. J U D G M E N T Writ petition is filed for a direction commanding the 1st respondent to consider and process the petitioner’s application for building permit taking in to account the factual situation of the property and also without awaiting for any order from the authorities constituted under the Kerala Conservation of Paddy Land and Wet Land Act. 2. The petitioner applied for permission to construct a Church building in the property owned by New India Church of God. The petitioner submits that an old building constructed by the predecessor-in-interest of the petitioner was demolished for the purpose of construction of a new church hall. The application is pending consideration before the 1st respondent Panchayath. Ext.P2 is the building tax receipt of the old building in the property. Ext.P3 is the copy of the plan of the proposed building and Ext.P4 is the receipt issued after receiving the application for building permit. The petitioner submits that while processing the application for building permit the 1st respondent noticed that in the revenue records the property was shown as ‘nilam’. It is ::2:: W.P.(C).No.33147 Of 2011 pointed out that the property remained as a dry land for more than 50 years, that there are coconut trees aged more than 30 years and that the old building which was assessed by the Panchayath was also situated in the property. Since the nature of the property was recorded as ‘nilam’ in the revenue records, the Secretary of the Panchayath forwarded the application to the District Level Committee constituted under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Ext.P5 is the copy of the minutes of the Committee. 3. The petitioner submits that the 1st respondent ought to have considered the application for building permit without referring the same to the Committee constituted under the Kerala Conservation of Paddy Land and Wet Land Act. 4. A Division Bench of this Court in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617) held that the nature of the property recorded in the village office as paddy land 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 Shahanaz Shukkoor v. Chelannur Grama Panchayath (2009 (3) KLT 899). ::3:: W.P.(C).No.33147 Of 2011 5. In the facts and circumstances of the case, it is for the Secretary of the Panchayath to consider and dispose of the application for building permit independently without reference to the Committees constituted under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Accordingly, the writ petition is disposed of directing the 1st respondent to reconsider and pass appropriate orders on the application for building permit within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioners. The 1st respondent shall process the application of the petitioner for building permit independently in accordance with the provisions of the Kerala Panchayath Raj Act. HARUN-UL-RASHID, Judge. bkn/-