IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 4175 of 2010(V) ------------------------- PETITIONER(S): ------------------ BABU, AGED 42 YEARS, S/O.DEVASSY, KOKKATTIL HOUSE, ANNALLUR P.O., THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------- MALA GRAMAPANCHAYAT, REP.BY ITS SECRETARY, MALA, THRISSUR DIST. ADV. SRI.A.C.DEVY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 4175 OF 2010 (V) ===================== Dated this the 23rd day of February, 2010 J U D G M E N T Heard both sides. 2. The challenge is against Ext.P6, an order passed by the respondent rejecting an application made by the petitioner for a building permit on the ground that in the revenue records, the land is shown as nilam. Referring to various documents including the photograph of the plot in question, petitioner submits that the land is actually a fully developed garden land and that the entry in the revenue records relied on against him is factually erroneous. 3. If as stated by the petitioner, the land is a fully developed garden land, necessarily this is one of the important aspects which ought to have been taken into account, and if so, the application for building permit ought not have been rejected merely relying on the entries in the revenue records. The correctness of the statement made by the petitioner can be ascertained only by an inspection by the Secretary, which ought to have been done before rejecting the application. WPC 4175/10 :2 : 4. Having regard to all this, I quash Ext.P6 and I direct that the Secretary of the respondent shall inspect the land in question, and if satisfied that the land is a fully developed garden land, as asserted by the petitioner, fresh orders in the light of the above observation shall be passed on the application made by the petitioner for building permit and the aforesaid process shall be completed as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp