IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12625 of 2010(C) -------------------------- PETITIONER(S): --------------- MOIDEEN S/O. KUNJUMUHAMMED HAJI, KANICHIRAKKAL HOUSE, THEKEVAVANNOOR DESOM, NAGALASSERY AMSAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. NAGALASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NAGALASSERY PANCHAYATH OFFICE, P.O. KOTTANADU, PALAKKAD DISTRICT. 2. THE TAHSILDAR, OTTAPALAM TALUK, OTTAPPALAM, PALAKKAD DISTRICT. 3. REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 4. LAND USERS COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, PALAKKAD DISTRICT. BY GP K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).12625/2010 -------------------- Dated this the 8th day of April, 2010 JUDGMENT The prayer sought by the petitioner is for a direction to consider Ext.P4 application which, according to the petitioner, is not considered for the reason that in the revenue records the land is described as 'nilam'. 2. This Court has held in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899), that it is not the nature which determines the fate of the land but the actual condition of the land that is to be taken note of. 3. Therefore, I dispose of this writ petition directing that the 1st respondent shall consider Ext.P4 application made by the petitioner in the light of the law laid down by this Court in the judgment referred to above, as expeditiously as possible. Petitioner shall produce a copy of this judgment along with the copy of the writ petition and a copy of the judgment referred W.P.(C).12625/10 2 to above, before the 1st respondent, who shall pass orders on Ext.P4, within four weeks thereafter. ANTONY DOMINIC, Judge mrcs