IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 4564 of 2011(U) -------------------------------------- PETITIONER(S): ------------------------ THANKAMMA, W/O.M.K.SKARIA,MUTHUVANCHIRAYIL HOUSE, PATTIKKAD P.O.,THRISSUR-680 652 BY ADVS. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.DILIP FRANCIS RESPONDENT(S): -------------------------- 1. PANANCHERY GRAMA PANCHAYAT, REP.BY ITS SECRETARY, PATTIKKAD P.O.,THRISSUR-680 652 2. THE SECRETARY, PANANCHERY GRAMA PANCHAYAT, PATTIKKAD P.O.,THRISSUR-680 652 R1 & R2 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.4564/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NO OBJECTION CERTIFICATE NO.A2-372/06 DATED 03/10/2006 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. P2 COPY OF THE BUILDING PLAN VERFIED BY THE 2ND RESPONDENT ON 03/10/2006. P3 COPY OF THE STRUCTURE OF THE COMMERCIAL BUILDING CONSTRUCTED BY THE PETITIONER AND SUBMITTED BEFORE THE PANCHAYATH ON 05/02/2007. P4 COPY OF THE NOTICE NO.8349/10DATED 10/08/2010 OF THE 2ND RESPONDENT. P5 COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATEDNIL BEFORE THE 2ND RESPONDENT. P6 COPY OF THE APPLICATION DATED 14/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7 COPY OF THE RECEIPT DATED 14/01/2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT PANCHAYATH REGARDING SUBMISSION OF EXT.P6 APPLICATION. P8 COPY OF THE PROCEEDINGS NO.C-636/11 DATED 11/01/2011 OF THE ADALATH. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 4564 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2011 J U D G M E N T The petitioner who is the owner in possession of 10.200 cents of land comprised in re-survey No.35/3 of Pananchery village, Thrissur, filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the second respondent to consider Exhibit P6 application of the petitioner for numbering the building in question. 2. A counter affidavit has been filed in this writ petition by the first respondent. It is admitted thereunder that Exhibit P6 application has been received by the second respondent and that the building in question situates in Survey No.35/3P of Pananchery Village in Ward No.III of Pananchery Grama Panchayat. The said land is described as 'Nilam' in the concerned records. At the same time it is specifically stated thereunder that there is no cultivation in the land comprised in the aforesaid survey number for the past several years. That apart, several buildings have been put up in the said survey W.P.(C) No. 4564 of 2011 -2- number and have been that they were assigned numbers by the Panchayat. 3. It is thus obvious from the counter affidavit that it is the description of the property in question as 'Nilam' that stands in the way of consideration of Exhibit P6 by the second respondent. I am of the view that shall not be an impediment of consideration of Exhibit P6 application, in accordance with law in view of the judgment of a Division Bench of this Court in Praveen v. Land Revenue Commissioner reported in 2010 (6) KLT 617. Accordingly, this writ petition is disposed of with a direction to the second respondent to consider Exhibit P6 application, in accordance with law, and in the light of the decision of this Court in Praveen v. Land Revenue Commissioner reported in 2010 (6) KLT 617. In other words, the description of the property in question as 'Nilam' shall not be ground for non-consideration and the second respondent shall consider the true nature of the property in question. The second respondent shall also consider whether W.P.(C) No. 4564 of 2011 -3- the property was reclaimed ignoring any specific orders refraining the petitioner from effecting reclamation. This shall be done, expeditiously, at any rate within one month from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR, JUDGE KRK