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. 24946 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ K.GANGADHARAN , AGED 55 YEARS, S/O.GOVINDAN, KADAVATH HOUSE, P.O.CHOMBALA, PIN 673 017. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------------------- AZHIYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AZHIYOOR P.O, PIN 673 009. BY ADV. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN 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.24946/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 08/02/2010. P2 COPY OF THE APPLICATION MADEBY THE PETITIONER BEFORE THE RESPONDENT COUNCIL, DATED 29/06/2010. P3 COPY OF THE RECEIPT ISSUED BY THE COUNCIL OF THE RESPONDENT, DATED 29/06/2010. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE REMINDER SENT TO THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. R1(B) COPY OF THE LETTER SENT TO THE PETITIONER DATED 12/7/2010. R1(C) COPY OF THE DECISION OF THE PANCHAYATH COUNCIL DATED 31/7/2010. /TRUE COPY/ P.A.TO.JUDGE sts C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 24946 of 2010 - - - - - - - - - - - - - - - - - - - - - - - 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 20.5 cents of land comprised in re-survey No.69/10, 11 and 13 of Azhiyoor village, filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the respondent to issue building permit to the petitioner in terms of Exhibit P2 application. 2. A counter affidavit has been filed in this writ petition by the respondent. It is admitted thereunder that Exhibit P2 application has been received by the respondent. The said land is described as 'Nanja' in the concerned records. It is thus obvious from the counter affidavit that it is the description of the property in question as 'Nanja' is one of the reasons that stands in the way of consideration of Exhibit P2 by the respondent. I am of the view that shall not be an impediment of consideration of Exhibit P2 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 (2) KLT 617. Provided the petitioner W.P.(C) No. 24946 of 2010 -2- has produced all other required certificates for getting permission for starting Ice Plant. Accordingly, this writ petition is disposed of with a direction to the respondent to consider Exhibit P2 application, in accordance with law, in case, the petitioner has produced all other required documents, and in the light of the decision of this Court in Praveen v. Land Revenue Commissioner reported in 2010 (2) KLT 617. In other words, the description of the property in question as 'Nanja' shall not be a ground for non-consideration and the respondent shall consider the true nature of the property in question. The respondent shall also consider whether 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. Sd/- C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK W.P.(C) No. 24946 of 2010 -3-