IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 23299 of 2008(W) -------------------------- PETITIONER: -------------- RAPPAYI, AGED 72, S/O. OUSEPH, THAZHATHUPURATH HOUSE, PAZHOOKKARA, THRISSUR. BY ADV. SRI.RENJITH THAMPAN RESPONDENT: --------------- MALA GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, PANCHAYATH OFFICE, MALA, THRISSUR. BY ADV. SRI.A.C.DEVY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23299/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF BASIC TAX RECEIPT ISSUED BY THE ANNALLUR VILLAGE. EXT.P2: TRUE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER. EXT.P2(a): TRUE PHOTOGRAPH OF the PROPERTY OF THE PETITIONER. EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC NO.14357/08 DT 11.6.2008. EXT.P3(a): TRUE COPY OF THE JUDGMENT IN WPC NO.21150/08 DT 16.7.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 23299 OF 2008 W ==================== Dated this the 21st day of August, 2008 J U D G M E N T Heard both sides. 2. Petitioner submits that he wants to construct an industrial shed in a plot of land owned by him, having an extent of 1 acre and 39 cents situated in Sy.No.627 of Annallur village. According to him, for the only reason that in the revenue records the land has been described as paddy field, even the application for a building permit is not accepted. Counsel submits that for the last several years, the land is a garden land and from Ext.P2 photographs, it would appear that there are yielding coconut trees and other crops. 3. If as stated by the petitioner, he wants to make an application for a building permit, there is no reason why the same shall not be accepted and considered by the respondent. This is all the more so for the reason that in similar cases disposed of by this court in Exts. P3 and P3(a) judgments, relief has been granted. WPC 23299/08 :2 : 4. In view of the above, the writ petition is disposed of directing that it will be open to the petitioner to submit his application for building permit to the respondent, who on receipt thereof, shall consider the same on merits and in the light of Exts. P3 and P3(a) judgments rendered by this court. ANTONY DOMINIC, JUDGE Rp