IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 35268 of 2009(C) -------------------------- PETITIONER(S): --------------- ANTO THOMAS, AGED 58 YEARS, S/O.THOMAS, MANAGING PARTNER, ST.FRANCIS CERAMICS KALLOOR, ANNAMANADA, RESIDING AT KANICHAYI HOUSE, VYNTHALA, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN SMT. SHAHIDA.P.M RESPONDENT(S): --------------- KADUKUTTI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARUKUTTI, TRICHUR DIST. ADV. SRI.P.N.RAMAKRISHNAN NAIR FOR R SRI.P.VISWANATHAN FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).35268/2009 ....................... Dated this the 28th day of January, 2010 JUDGMENT 1. The challenge is against Ext.P7, an order passed by the respondent declining a building permit sought for by the petitioner. 2. The facts of the case are that in 1.60 Acres of land belonging to the petitioner, he has established a tile factory which is now functioning for the last 17 years. According to the petitioner, as part of capacity expansion of his business, he applied for a building permit in order to construct an additional building and the same has been declined by Ext.P7 stating that in the revenue records, the property is shown as a paddy field. 3. Evidently, if the tile factory is functioning at the site for the last 17 years, irrespective of the entries in the revenue records, the nature of the land cannot be a paddy field. If an application for a building permit is made, such a reality cannot be lost sight W.P.(C).35268/09 2 of. That apart, as clarified in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899), an inspection should be conducted and taking into account the reality of the situation, the application should be processed. 4. Therefore, I quash Ext.P7 and direct the respondent to inspect the site in respect of the application which is made by the petitioner and fresh orders shall be passed on the application of the petitioner, as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs