IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 28827 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------ MOHAMMAD ANEES, AGED 27 YEARS, S/O.ASSAINAR, EKKARAKUDIYIL HOUSE, ERAMALLOOR VILALGE, CHERUVATTOOR P.O., KOTHAMANGALAM TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): -------------------------- 1. SECRETARY, NELLIKKUZHY GRAMA PANCHAYATH GRAMA PANCHAYATH OFFICE, NELLIKKUZHY P.O., KOTHAMANGALAM. 2. NELLIKKUZHY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, NELLIKKUZHY GRAMA PANCHAYATH OFFICE, NELLIKKUZHY P.O., KOTHAMANGALAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.P.K.MUHAMMED. R3 BY GOVT. PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28827/2010-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LEASE AGREEMENT. EXT.P1(a): COPY OF THE AGREEMENT. EXT.P2 SERIES: COPY OF THE PHOTOGRAPHS OF THE PROPERTY SHOWING THE LIE OF THE PROPERTY. EXT.P3: COPY OF THE APPLICATION DATED 03/09/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R.RAMACHANDRAN NAIR, J -------------------------------------------- W.P.(C). No. 28827 of 2010 ------------------------------------- Dated this the 14th day of October, 2010. J U D G M E N T The petitioner filed this Writ Petition seeking for a direction from the respondents to issue permit for installation of machinery as per Ext.P3 application dated 03.09.2010. 2. This petitioner has pointed out that the first and second respondents are not considering his application on the plea that the property is registered as 'nilam' in the survey records. It is submitted that in the light of the decisions of this Court in Shehnaz Shokkoor v.Chelanoor Grama Panchayath reported in (2009(3) KLT 899) and that of the Division Bench in Praveen.K. v. Land Revenue Commissioner, Thiruvananthapuram and others (2010 (2) KHC 499), the mere description of the property in the revenue records is insufficient to hold that the property is remaining a 'nilam'. It is pointed out that a glance of Ext.P2 photograph I will show that the property has been planted with trees including yielding arecanut trees. There will be a direction to the Secretary of the Grama Panchayath to consider Ext.P3 in accordance with law W.P.(C). No. 28827 of 2010 2 after considering the dictum laid down in the above judgments and after conducting due enquiry within one month from the date of receipt of a copy of this judgment. The WPC is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE ln