IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 3265 of 2008(L) -------------------------------- PETITIONER: ---------------- ABDULKARIM HAJI, S/O.KOCHAHAMMAD HAJI, AGED 56 YEARS, NANETHAL, RAYONPURAM P.O. ERNAKULAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: ----------------- THE SECRETARY, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. BY SRI. V.M.KURIAN, SC, PERUMBAVOOR MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.3265 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008 JUDGMENT Sri.T.A.Unnikrishnan, learned counsel for the petitioner, draws my attention to the judgment of this court in W.P.(C) No.12796/07 and submits that the facts situation which obtained in that case is similar to one which obtains in this case. I have heard the submissions of Sri.V.M.Kurian, learned standing counsel for the Municipality also. There is no serious objection in this case being disposed of in the lines of the judgment in W.P.(C) No.12796/07. Under these circumstances, this writ petition will stand disposed of issuing the following directions: The first respondent will afford an opportunity to the petitioner for producing all documents on which he wishes to rely on to show that the land in question is not Nilam, but is actually dry land. All available documents will be produced by the petitioner within two weeks from today and thereupon the first respondent will consider the petitioner's application for permit, hear the petitioner and take a decision in the matter and WPC.No.3265/08 2 communicate the decision to the petitioner. The entire process will be completed within six weeks from the date of receipt of a copy of this judgment. If the first respondent finds on the basis of the documents produced by the petitioner that the property in question is not a paddy field, the application submitted by the petitioner will be decided uninfluenced by the situation that in the basic revenue records the property is shown as paddy field. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.3265/08 2