IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 21128 of 2010(M) -------------------------------------- PETITIONER(S): ------------------------- CICILY T.T.,D/O.THOMAS THENEKADAN HOUSE, ANNAMANADA P.O., THRISSUR DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.V.K.MEETHIANKUNJU RESPONDENT(S): ------------------------- 1. MALA GRAMA PANCHAYATH, MALA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, MALA GRAMA PANCHAYATH, MALA, THRISSUR DISTRICT. R1 & R2 BY ADV. SRI.A.C.DEVY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21128/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SAID DOCUMENT NO.1005/2002 OF VADAMA SUB REGISTRY IN RESPECT OF THE PROPERTY IS PRODUCED HEREWITH AND MARKED AS. P2:- COPY OF THE POSSESSION CERTIFICATE 15.1.2010 ISSUED FROM THE VADAMA VILLAGE OFFICE. P3:- COPY OF THE DEPICTING THE NATURE OF THE LAND PLANTED WITH COCONUT AND ARECANUT TREES. P4:- COPY OF THE APPLICATION FOR PERMIT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P5:- COPY OF THE RECEIPT NO.1497 DTD. 15.1.2010 FOR PURCHASE OF THE APPLCIATION FORM. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21128/2010-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of August, 2010 J U D G M E N T The grievance raised by the petitioner is that the application for grant of building permit is not at all being received by the Secretary of the Panchayat on the plea that the property is a nilam as per the revenue records. Ext.P4 is the copy of the application produced before this Court. 2. Heard the learned counsel for the Panchayat. It is submitted that the petitioner has not submitted the application so far. 3. Even though the property is shown as nilam in the revenue records, going by the Judgment in Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009 (3) KLT 899], the state of affairs as on the date of the Act, namely, Conservation of Paddy Land and Wet Land Act, 2008 alone is relevant. It was held therein that the mere description of the property as 'nilam' in the revenue records may not be crucial. The local authorities will have to conduct due enquiry and then take a decision in the matter. 4. There will be a direction to the Secretary of the Panchayat to receive the application from the petitioner, process the same, conduct due enquiry including enquiries W.P.(C). No.21128/2010 -:2:- with regard to the nature of the property, and take appropriate decision within a period of one month from the date of receipt of the application. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms