IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 27393 of 2009(T) -------------------------- PETITIONER(S): --------------- ROSE JAMES, KAIPPILLIL, PLOT NO.60, KAIRALI NAGAR, CHOONDI, ALUVA-683 105. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. EDATHALA GRAMA PANCHAYAT, EDATHALA P.O. ALUVA, REPRESENTED BY ITS SECRETARY. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT COCHIN. ADV. SRI.KKM.SHERIF FOR R1 SRI.LAL K.JOSEPH FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 SRI.V.R.REKESH FOR R1 SRI.P.A.ABISH FOR R1 SMT. K.R. DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of sketch of the property owned by the petitioner showing the surrounding properties Ext.P2: True copy of Possession certificate evidencing the possession of the property by the petitioner Ext.P3: True copy of land tax receipt dt. 19.9.2007 showing the remittance of land tax by the petitioner Ext.P4: True copy receipt showing the acceptance of application for building permit from the petitioner. Ext.P5: True copy of Basic Tax Register maintained by the Village Office. Ext.P6: True copy of Thandaper Register in respect of the property of the petitioner. Ext.P7: True copy of complaint filed by the petitioner on 27.5.2008 before the RDO. Ext.P8: True copy of report of the Village Officer, Aluva submitted before the RDO. Ext.P9: True copy of report submitted by the Tahasildar before the RDO. Ext.P10: True copy of letter dt. 6.7.2008 issued by the RDO to the petitioner. Ext.P11: True copy of application dt. 30.6.2009 filed by the petitioner before the 1st respondent Ext.P12: True copy of Order No. A1572/09, dated nil issued by the 1st respondent. /True copy/ P.A. To Judge THOTTATHIL B RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 27393 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 J U D G M E N T The petitioner challenges Ext.P12 rejecting the application for building permit on the ground that the land is a piece of Nilam(Paddy land). Exts.P9 and P10 tends to show that the ground realities may be that the land was not a wet land or paddy land on the relevant date of coming into force of the Conservation of Paddy Land and Wet Land Act, Kerala, 2008. The issue has to be decided in terms of the decision of this Court in Shahanas Shukoor Vs. Chelannur Grama Panchayath (in 2009(3)KLT 899). Accordingly, Ext.P12 iS quashed and the first respondent is directed to reconsider the application for building permit in the light of what is sated above, within a period of four weeks from the date of receipt of a copy of this judgment. The petitioner will be given an opportunity of hearing. ( THOTTATHIL B RADHAKRISHNAN, JUDGE) jma