IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 13869 of 2010(G) -------------------------------- PETITIONER: -------------- KHALEEL REHMAN, S/O.SARVUDHEEN SAHIB, AGED 55 YEARS, KALAPETTY HOUSE, KODUVAYUR, PALAKKAD. BY MR.BINOY VASUDEVAN, ADVOCATE. MS.P.G.BABITHA, ADVOCATE. RESPONDENTS: ------------------ 1. THE KANNADI GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KANNADI P.O., PALAKKAD-678 701. 2. THE SECRETARY, KANNADI GRAMA PANCHAYATH, KANNADI P.O., PALAKKAD-678 701. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13869/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF DOCUMENT No.13/2000 OF S.R.O. KODUVAYUR. EXT. P2 : COPY OF POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, KANNADI-II VILLAGE. EXT. P3 : COPY OF COVERING LETTER SUBMITTED BY PETITIONER ALONG WITH APPLICATION FOR BUILDING PERMIT. EXT. P4 : COPY OF RECEIPT ISSUED BY PANCHAYATH. EXT. P5 : COPY OF ORDER OF 2ND RESPONDENT DTD. 28.1.10. EXT. P6 : COPY OF PROCEEDINGS OF LOCAL SELF GOVT. DEPARTMENT BEARING No.45846/R.A1/08/LSD DTD. 31.7.08. EXT. P7 : COPY OF JUDGMENT IN W.P.(C) 18623/2008 DTD.17.7.08. EXT. P8 : COPY OF PHOTOGRAPHS OF PETITIONER'S PROPERTY. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13869 OF 2010 --------------------------------------- Dated this the 23rd day of June, 2010. J U D G M E N T The petitioner herein claims to be the owner and in possession of a dry land having an extent of 66 cents in Sy.No.281/5 of Kannadi II village of Palakkad Taluk. It is pointed out that the land is not fit for any cultivation. The petitioner submitted an application for building permit to construct a residential building. The same was rejected by the Panchayath without conducting any enquiry on the ground that the petitioner has not produced any order under the Kerala Land Utilisation Order showing permission to convert the property. 2. According to the Panchayath, in the title deed, the description of the property is as paddy land. It is submitted by the learned counsel for the petitioner that the Panchayath has not considered the application in the light of the guidelines issued W.P.(C) No.13869/2010 2 by the Government as per Exhibit P6. They have not called for the report from the Agricultural Officer or the Village Officer to ascertain the real nature of the land. It is submitted that in like situation, this Court in Exhibit P7 judgment has set aside a similar order passed by another Panchayath. This Court was of the view that merely because there is a description of the property in the revenue records as 'Nilam', an order under the Kerala Land Utilisation Order should not be insisted without any regard to the actual state of affairs. This Court in Shahanaz Shukkoor vs. Chelannur Grama Panchayat (2009(3)KLT 899) has also laid down the above legal position. In that view of the matter, as the order passed by the Panchayath as per Exhibit P5 is not in accordance with the legal position as noted above, the same is set aside. The application will be reconsidered in the light of the principles rendered by this Court as mentioned above and the guidelines provided as per Exhibit P6 will be followed by the Panchayath while passing the order. The nature of the land as on today will be ascertained by W.P.(C) No.13869/2010 3 the Panchayath by using the methods shown in Exhibit P6 circular and appropriate final decision will be taken within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp