IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12233 of 2010(D) -------------------------- PETITIONER(S): ---------------------- MUHAMMED HAJI, PRESIDENT, CHOLAKKARAPARA MAHADAANUL ULOOM MADRASSA, MELMURI. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): ------------------------ 1. MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM. 2. SECRETARY, MALAPPURAM MUNICIPALITY. SRI.ABDUL MAJEED, SC, MALAPPURAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12233 OF 2010 (D) ===================== Dated this the 7th day of April, 2010 J U D G M E N T Petitioner submits that in their property comprised in Sy.No.268 of Melmuri Village in Eranadu Taluk, they want to undertake certain constructions. For the said purpose, they wanted to obtain building permit from the respondent Municipality. It is stated that although application was tendered to the Secretary of the Municipality, that was refused to be accepted for the reason that in the revenue records, the property has been described as Nilam. According to the petitioner, the property is not a wet land but is a garden land. It is stated that this fact can be verified if an inspection of the property is conducted. It is also their case that in the property, there already exists a building. 2. Whatever be the reason, if the petitioner wants to make an application for a building permit, it is the duty of the 1st respondent to accept the application and consider the same in accordance with law and in particular, the judgment of this Court in Shahanaz Shukkoor v. Chelannur Grama Panchayat WPC No. 12233/10 :2 : (2009(3) KLT 899). 3. Having regard to the complaint of the petitioner that the 1st respondent has refused to accept the application, it is directed that it will be open to the petitioner to submit the application afresh and the 1st respondent shall consider the same in accordance with law, and in particular, the judgment referred to above and pass orders thereon. It is also directed that the petitioner shall produce the revenue records and such other documents supporting his case, in which event, that will also be adverted to. 4. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp