IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 35369 of 2010(U) ---------------------------------------- PETITIONER ------------------- M.A.FRANCIS, AGED 54 YEARS, S/O.ANTONY,MANJALI HOUSE,MARATHAKKARA, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT ---------------------- NENMANIKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,P.O.CHITTISSERY, PALIYEKKARA,THRISSUR.PIN-680 301 BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2011, ALONG WITH WPC NO. 35380 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35369/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 24/9/2010 ISSUED BY THE RESPONDENT. P2 COPY OF THE SALE DEED NO.3026/97 OF NELLAYI S.R.O. P3 COPY OF THE SALE DEED NO.2528/97 OF NELLAYI S.R.O. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.35369 & 35380 OF 2010 -------------------------------------------- Dated this the 4th day of March, 2011 JUDGMENT Since common issues involve in these Writ Petitions, they were heard jointly and are disposed of by this common judgment. The petitioner in the former Writ Petition is the owner in possession of 10.036 cents of land comprised in Sy.No.376 of Nenmanikkara village and the petitioner in the latter Writ Petition is the owner in possession of 28 ½ cents of land in Sy.No.442 of the said village. They have filed applications for building permit for construction of shopping complex in their respective properties before the Secretary, Nenmanikkara Grama Panchayath. As per Ext.P1 (in both Writ Petitions), their applications for building permit were rejected on the ground that the property wherein the petitioners proposed to construct the shopping complex have been described in the revenue records as 'Nilam'. The contention of the petitioners is that in the light of a Division Bench decision of this Court reported in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617), rejection of the applications for building permit on the aforesaid ground is W.P.(C) NO.35369 & 35380/2010 2 wholly unsustainable. Evidently, none of the competent authority in the Nenmanikkara Grama Panchayath, the respondent had inspected the site in question before passing the impugned orders. It was passed merely relying on the description of the properties in question in the revenue records. In view of the Division Bench decision of this Court reported in Praveen's case (supra), I am of the view that the impugned orders cannot be sustained. Accordingly, Ext.P1 (in both Writ Petitions) is set aside. Consequently, there will be a direction to the respondent, Nenmanikkara Grama Panchayath to consider the applications submitted by the petitioners in both these Writ Petitions for building permit for construction of shopping complex in their respective properties afresh, in the light of the aforementioned decision expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.35369 & 35380/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.35369 & 35380/2010 4