IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 4984 of 2011(W) ------------------------- PETITIONER: ----------------- VELAYUDHAN THAZHEKODE, AGED 58 YEARS, S/O.APPU, THAZHEKODE HOUSE, CHENKODE, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SHAMSUDIN RESPONDENT(S): ------------------------ 1. KALIKAVU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT-676525. 2. THE SECRETARY, KALIKAVU GRAMA PANCHAYATH, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT-676525. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R1, 2 BY ADV. SRI.K.RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4984 of 2011(W) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1 . COPY OF PHOTOS SHOWING LIE AND NATURE OF THE LAND. EXT.P2. COPY OF THE SITE PLAN. EXT.P3. COPY OF THE ORDER DT. 21.08.2010 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL -------------------------------------- / TRUE COPY / P.A. T JUDGE. VK HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 4984 OF 2011 ------------------------------- DATED THIS THE 16TH DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P3 order and for a direction to the 2nd respondent to re-consider the application for building permit. 2. Petitioner is the owner of 15 cents of land in R.S.No.286/6 of Kalikavu Village in Nilambur Taluk. It is averred in the writ petition that the property is a garden land, which is purchased for construction of the building. Ext.P1 photograph shows that the property is lying as a dry land and that buildings are situated in the nearby plots. The petitioner submits that there are coconut trees aged 25 years standing in the land and that there are residential buildings situated very near to the property of the petitioner. Ext.P2 is the site plan. The application for the building permit was rejected by Ext.P3 order passed by the Panchayat stating that the petitioner's land is wet land as per the revenue -2- W.P.(C).No.4984/2011 records. 3. The Division Bench of this Court in the decision reported in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617) held that the nature of the property recorded in the village office as paddy land is not a reason for rejecting the application for permit and that the ground reality has to be considered before passing an order on the application for building permit. Similar view was taken by this Court in the decision reported in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899). 4. In such circumstances, in the light of the decision of the Apex Court in Raju S. Jethmalani and others v. State of Maharashtra and others (2005 (11) SCC 222) and the decision of this Court quoted above, the decision of the Panchayat rejecting the petitioner's application for building permit cannot be sustained. In the case referred above, the Apex Court held that though land belonging to private persons can be included in development plan, unless the land is promptly acquired by State Government or the -3- W.P.(C).No.4984/2011 Municipal Corporation to effectuate the said purpose, the land owner cannot be denied the right to use the property for any other purpose. I am therefore constrained to hold that Ext.P3 cannot be sustained. 5. In the result, Ext.P3 order passed by the Panchayat Secretary is quashed. The Secretary of the Panchayat is directed to re-consider the application for building permit submitted by the petitioner and pass appropriate orders thereon, as expeditiously as possible and in any event, within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment to the Secretary of the Panchayat for further action. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, kcv. Judge.