IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 24356 of 2010(T) --------------------------------- PETITIONER: --------------- BINDU, ANITHA BHAVAN, KANDALLOOR – P.O., KAYAMKULAM, PIN – 690 503. BY ADV. MR.R.KRISHNA RAJ RESPONDENTS: ------------------ 1. KANDALLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KANDALLOOR GRAMA PANCHAYATH OFFICE, KANDALLOOR, KAYAMKULAM, PIN – 690 503. 2. VILLAGE OFFICER KANDALLOOR, KAYAMKULAM, PIN – 690 503. ADV. MRS. K.R. DEEPA – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24356 OF 2010 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner is aggrieved by the proposal to cancel the building permit on the ground that the property of the petitioner is described as paddy field in the possession certificate. It is pointed out that the property is a dry land for the last more than 30 years and the petitioner has already constructed a building to start a hollow bricks factory as permitted by the Industries Department and Pollution Control Board. 2. Exhibit P1 is the copy of the sale deed whereby the petitioner purchased the property. The copies of the building permit, registration given by the Industries Department and the consent letter given by the Pollution Control Board have been produced as Exhibits P2 to P4. Exhibit P5 is the show cause notice issued to the petitioner proposing cancellation of the permit on the ground that in the possession certificate, the nature of the property is shown as Nilam. The petitioner has W.P.(C) No.24356/2010 2 already filed Exhibit P6 objection to the same before the Secretary of the Panchayath. 3. It is pointed out by the learned counsel for the petitioner that the property is actually a dry land and the same was converted decades back even before the purchase of the property by the petitioner and the same is a relevant aspect. These are the matters for the Secretary of the Panchayath to consider. Therefore, there will be a direction to the 1st respondent to consider the objections raised by the petitioner as per Exhibit P6, after hearing the petitioner, and communicate the decision to the petitioner within a period of one month from the date of receipt of a copy of this judgment. The petitioner will make available the copies of the permits, registration given by the Industries Department and the consent letter given by the Pollution Control Board before the Secretary of the Panchayath. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp