IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 29681 of 2010(I) -------------------------- PETITIONER: --------------- ANIL KUMAR, S/O. SADHANDAN, AGE 32, ANITHA BHAVAN, KANDALLOOR P.O., KAYAMKULAM PIN- 6959201. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: --------------- 1. KANDALLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KANDALLOOR GRAMA PANCHAYATH OFFICE, KANDALLOOR, KAYAMKULAM PIN- 6959201. 2. VILLAGE OFFICER, KANDALLOOR, KAYAMKULAM PIN- 6959201. BY GOVT PLEADER SRI. K.RAMESH ADV. SRI.VINCENT JOSEPH FOR R1 SRI.A.R.ARUNKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29681/2010 APPENDIX PETITIONERS EXHIBITS: EXT.P1. COPY OF THE SALE DEED. EXT.P2. COPY OF THE BUILDING PERMIT. EXT.P3. COPY OF THE SSI REGISTRATION. EXT.P4. COPY OF THE CONSENT LETTER. EXT.P5. COPY OF THE NOTICE OF THE 1ST RESPONDENT. EXT.P6. COPY OF THE OBJECTION OF THE PETITIONER. EXT.P7. COPY OF THE JUDGMENT IN W.P.C 24356/2010. EXT.P8. COPY OF THE MEDICAL CERTIFICATE. EXT.P9. COPY OF THE RECEIPT. EXT.P10. COPY OF THE PETITION OF THE PETITIONER EXT.P11. COPY OF THE REPORT OF THE VILLAGE OFFICER. EXT.P12. COPY OF THE NOTICE OF THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE. A.K.BASHEER, J. --------------------------- W.P.(C) No. 29681 OF 2010 -------------------------- Dated this the 11th day of October, 2010 J U D G M E N T Petitioner intends to start a Hollow-brick manufacturing unit in a plot of land which jointly belongs to him and his wife. The licensing authority issued Ext.P2 permit. But later, Ext.P5 notice was issued informing the petitioner that the permit was liable to be withdrawn since the land on which the unit is proposed to be set up is found to be a paddy field as per the records available in the Panchayat. 2. But, according to the petitioner, the land is not a paddy field as contended by the Panchayat. This was pointed out by the petitioner in Ext.P6 objection. Petitioner produced Ext.P11 report of the Village officer which will unambiguously show that going by the village records, the land in question is not a paddy field. The grievance of the petitioner is that even though the above document (Ext.P11) was made available before the Panchayat, no action has been taken to recall Ext.P5 show cause notice. 3. Learned standing counsel for the Panchayat submits that Ext.P11 order has not been produced before the Panchayat so far. If and when the petitioner produces relevant materials to show that WPC No.29681/2010 2 the land in question is not a paddy field, the matter will be considered and an appropriate decision will be taken without any delay. 4. Learned counsel for the petitioner submits that needful in the matter will be done and an authenticated copy of Ext.P11 will be produced before the Panchayat within one week from today. 5. If the petitioner produces a copy of Ext.P11 or any other relevant document to substantiate his contention that the land is not a paddy field, the Panchayat shall consider the same and take an appropriate decision in the matter. If it is found that the land is not a paddy field, the Panchayat shall recall the show cause notice, namely, Ext.P5 and pass appropriate orders enabling the petitioner to start the unit without any delay. A decision in the matter shall be taken by the Panchayat as expeditiously as possible, at any rate, within one month from the date of receipt of necessary documents from the petitioner. The writ petition is disposed of in the above terms. A.K.BASHEER, (JUDGE) vps WPC No.29681/2010 3