IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31474 of 2009(D) --------------------------------------- PETITIONER: ------------------- VARGHESE KURIAN, MANIYADU HOUSE, VILANG P.O., KIZHAKKAMBALAM, ERNAKULAM DISTRICT. BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL. RESPONDENTS: ------------------------ 1. THE SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYATH, VILANG P.O., KIZHAKKAMBALAM, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, REVENUE DEPT. SECRETARIAT, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B RADHAKRISHANAN, J. ------------------------------------ W.P.(C) No.31474 OF 2009 ------------------------------------ Dated, this the 5th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~ Notice to the 1st respondent dispensed with preserving his right to seek rehearing of this Writ Petition, if aggrieved. Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The only reason stated in Ext.P3 is that the property in question is shown in the document, tax receipt, possession certificate etc. as Nilam - wet land. In view of the law laid down by this Court in Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009 (3) KLT 899], Ext.P3 is quashed and the 1st respondent is directed to take up the petitioner's application, have necessary site inspection conducted; if necessary, by requesting the Village Officer also to make a site inspection. Final decision shall be taken within a period of 45 days from the date of receipt of a copy of this judgment. All other issues are left open. THOTTATHIL B. RADHAKRISHANAN, JUDGE ps