IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 24560 of 2011(T) ----------------------------------------- PETITIONER(S): -------------------------- 1. G.CHANDRAN, PATTARATH VEEDU, KIZHEKKE NADA, ETTUMANOOR, KOTTAYAM DISTRICT. 2. SHERLY CHANDRAN, PATTARATH VEEDU, KIZHEKKE NADA, ETTUMANOOR, KOTTAYAM DISTRICT. BY ADVS. SRI.N.RAGHURAJ, SMT.K.AMMINIKUTTY. RESPONDENT(S): --------------------------- 1. THE SECRETARY, KANAKKARY GRAMA PANCHAYAT, VEMPALLY P.O,KOTTAYAM DISTRICT-686 632. 2. KANAKKARY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VEMPALLY P.O,KOTTAYAM DISTRICT-686 632. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24560/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE PHOTOCOPY OF THE ORDER DATED 22.03.2011 IN APPEAL NO.1082/2010. EXT.P2:- TRUE PHOTOCOPY OF THE REMINDER ON 3.5.2011 EXT.P3:- TRUE PHOTOCOPY OF THE REMINDER ON 7.7.2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.24560 Of 2011 ---------------------- Dated this the 18th day of October, 2011. J U D G M E N T The writ petition is filed seeking for a direction commanding the 1st respondent to comply with the directions contained Ext.P1 order by reconsidering applications submitted by the petitioners for Layout Permission and Development Permit in the light of the dictum laid down by this Court in Shahnaz Shukkoor v. Chelannur Grama Panchayath (2009 (3) KLT 899) and Praveen v. Land Revenue Commissioner (2010 (2) KLT 617). 2. Ext.P1 is the order passed by the Tribunal allowing the appeal preferred by the petitioners. The appeal was allowed setting aside the order passed by the Secretary of the Panchayath and directing the Secretary to conduct a proper inspection and take a decision as observed in paragraph 15 of the order and thereafter issue fresh proper orders in the application for permit put in by the petitioner in accordance with law. 3. During the course of argument, it is pointed out that though a direction was issued to pass fresh orders in the ::2:: W.P.(C).No.24560 Of 2011 application as early as in 22.3.2011, no orders have been passed till date by the Secretary. 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). In the aforesaid circumstances, the writ petition is disposed of directing the 1st respondent Secretary of the Panchayath to pass appropriate orders on the applications for lay out permission and development permit, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-