IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 31040 of 2008(T) -------------------------- PETITIONER(S): ------------------------ DR.R.SREEKUMAR, AGED 31, S/O.RAJKUMARAN NAIR T.C19/2064, RAJA SREE, MUDRA 48, VANIYATH HOUSE, MUDAVANMUGAL POOJAPPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------------------- 1. SECRETARY, VILAVOORKKAL GRAMA PANCHAYAT, VILAVOORKKAL. 2. AGRICULTURAL OFFICER, KRISHI BHAVAN, VILAVOORKKAL. 3. VILLAGE OFFICER, VILAVOORKKAL VILLAGE. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.31040 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner claims to be the owner in possession of 5 cents of property comprised in Survey No.107/7-1-2 of Vilavoorkkal Village. The said extent forms part of a larger extent of 45 cents which belongs to the petitioner's father-in- law. The petitioner submits that the entire 45 cents of land was reclaimed several years ago and was being treated as a garden land. The petitioner submits that a building permit had been issued to the petitioner's father-in-law. He had constructed a house. The petitioner applied for a building permit for residential purpose. But this was rejected as per Ext.P6. The petitioner has now submitted Ext.P8 application before the 1st respondent, seeking a building permit after inspection by the committee constituted in terms of Ext.P7 circular. The petitioner submitted an application for effecting a construction in the land, which is otherwise noted as paddy field in the revenue records. His application is under the Kerala Conservation of Paddy Field and Wet land Act, 2008. If the land is found not as a paddy W.P.(C).No.31040 of 2008 :: 2 :: field or otherwise, then it shall be dealt with by the competent authority under the Land Utilisation Order. In the result, it is open to the petitioner to file an application before the competent authority under the aforementioned Act. The authority shall deal with the same in accordance with law. The petitioner shall, if he is aggrieved by Ext.P6, challenge it before the competent authority; either the Tribunal for self- government institutions or before the Government under Section 191 of the Panchayat Raj Act. Reserving the right of the petitioner to do so, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge