IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10375 of 2008(I) -------------------------- PETITIONER: ------------ BEENA, W/O.THOMAS P.A PRESENTLY RESIDING AT PUDUPULLY PARAMLBIL HOUSE, AMBALLOR, THRISSUR DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY, SHRI BABU ANTONY, AGED 37, P.D.ANTONY, PALLIPPAT HOUSE, VALLAKKUNNU DESOM, KALLETTUMKARA, MUKUNDAPURAM TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THRISSUR. 2. THE VILLAGE OFFICER, MURIYAD VILLAGE OFFICE, MURIYAD POST. 3. MURIYAD GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY. BY G.P. SRI.K.J.MUHAMMED ANJAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, ALONG WITH WPC.10376/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NOs. 10375 & 10376 of 2008 ---------------------------------- Dated this the 1st day of April , 2008 JUDGMENT Read my order dated 27.3.2007. The learned Government Pleader on the basis of the instructions received from the Village Officer, who had conducted local inspection, submits that property is, despite its nomen clature in the revenue records, lying as dry land having coconut trees which are as old as 20 years and mango trees 15 years old. The learned Government Pleader further submits that the photographs produced by the petitioners (Ext.P4 series) reveal the true state of affairs existing as on today. 2. Under the above circumstances, I am of the view that Ext.P6 order of the Secretary of the Panchayat rejecting the application submitted by the petitioners for building permit on the ground that since as per the clarification in the village record the property shows as paddy filed, permit cannot be granted for WPC No.10375 /2008 & another 2 construction of building, is liable to be quashed. I quash Ext.P6 in both the cases and direct the Secretary of the Panchayat to process the applications for permit submitted by the petitioners, treat the plots belonging to the petitioners as dry lands notwithstanding the nomen clature/entries in the revenue records. Needful, as directed above, shall be done by the Secretary of the Panchayat at the earliest and at any rate within six weeks from today. PIUS C. KURIAKOSE JUDGE dpk