IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 33960 of 2011(T) -------------------------- PETITIONER: ---------------------- M.APPU NAIR, S/O.PARUKUTTY NAIR, "SURABHI", NADUVANNUR POST, KOZHIKODE, PIN-673 614. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- NADUVANNUR GRAMA PANCHAYATH, POST NADUVANNUR, PIN-673 614, KOZHIKODE, REPRESENTED BY ITS SECRETARY. ADV. SRI.R.SUDHEESH SMT.M.MANJU SRI.K.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 33960/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF SETTLEMENT DEED DATED 6TH JANUARY 1986 OF NADUVANNUR SRO. EXHIBIT P2- TRUE COPY OF POSSESSION CERTIFICATE DATED 7.12.2011 ISSUED BY VILLAGE OFFICER, NADUVANNUR. EXHIBIT P3- TRUE COPY OF PROPERTY TAX RECEIPT DATED 3.11.2011 ISSUED BY VILLAGE OFFICER, NADUVANNUR. EXHIBIT P4- TRUE COPY OF ORDER NO.A2-14219/11 DATED 28.11.2011 ISSUED BY THE RESPONDENT. EXHIBIT P5- TRUE COPY OF CERTIFICATE DATED 7.12.2011 ISSUED BY THE VILLAGE OFFICER, NADUVANNUR. EXHIBIT P6(A)-PHOTOGRAPH SHOWING THE PROPERTY OF THE PETITIONER. EXHIBIT P6(B)- PHOTOGRAPH SHOWING THE PROPERTY OF THE PETITIONER. EXHIBIT P6(C)- PHOTOGRAPH SHOWING THE PROPERTY OF THE PETITIONER. EXHIBIT P7- TRUE COPY OF JUDGEMENT DATED 12.7.2011 IN WP(C) NO.37752/2010 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: //TRUE COPY// P A TO JUDGE STK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.33960 of 2011 --------------------------------------- Dated this the 23rd day of December 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P4 order passed by the 2nd respondent Grama Panchayat and for a direction commanding the respondent to issue building permit to the petitioner forthwith. 2. The petitioner submitted application for the construction of shop rooms. The application was rejected by the Secretary of the Grama Panchayat stating that as per the possession certificate the land is shown as Nilam in the revenue records and therefore, the building permit cannot be issued. Ext.P4 is the order passed by the Secretary. 3. As per Ext.P5 communication, the Village Officer certified that there are coconut trees, areacanut trees etc aged about 20 years in the petitioner's land. The photographs produced as per Ext.P6 series also shows that there are several improvements in W.P.(C) No.33960/2011 2 the property and that the property is fully improved. It is pointed out that the respondent Panchayat itself assigned building number to the petitioner's house situated in the said property. The photograph also shows that the property is not lying as 'Nilam'. 4. The Division Bench of this Court in the decision reported in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617) held that the nature of the property recorded in the village records as paddy field is not a reason for rejecting the application for permit and that the ground reality has to be considered before passing an order on the application for building permit. Similar view was taken by this Court in the decision reported in Sahahnaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899). 5. In such circumstances, in the light of the decisions of this Court quoted above, the decision of the Grama Panchayat rejecting the petitioner's application for building permit cannot be sustained. 6. In the result, Ext.P4 order passed by the Grama W.P.(C) No.33960/2011 3 Panchayat is quashed. The Secretary of the Grama Panchayat is directed to reconsider the application for building permit submitted by the petitioner and pass appropriate orders on the application and grant permit if the application is in order in all other respects as expeditiously as possible and in any event, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment to the Secretary of the Grama Panchayat for further action. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al