Writ petition challenging a building permit rejection. Court held revenue record entries on land classification insufficient. Order set aside; fresh orders directed within six weeks. Disposed.
Set aside impugned order rejecting building permit application and directed Respondent to pass fresh orders within six weeks of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934
WP(C).No. 12682 of 2012 (I)
PETITIONER(S):
1. K.M.MUHAMMED KAMAL, AGED 48 YEARS
2. K.ABDUL SALAM,
KATTIKKULANGARA HOUSE, PONMALA, TIRUR TALUK
BY ADV. SRI.K.ABDUL JAWAD
RESPONDENT(S):
1. PULAMANTHOL GRAMA PANCHAYATH
2. SECRETARY
BY ADV. SRI.ESM.KABEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0208-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.12682/12
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA DATED 11/8/2005.
EXHIBIT P2: TRUE COPY OF THE CERTIFICASTE DTD.15/5/2012 ISSUED BY the VILLAGE OFFICER, PULAMANTHOLE TO THE 1STG PETITIONER.
EXHIBIT P3: TRUE COPY OF THE CERTIFICATE DTD.10/5/12 ISSUED BY THE VILLAGE OFFICER, PULAMANTHOLE TO THE 2ND PETITIONER.
EXHIBIT P4: TRUE COPY OF THE DATED 26/5/12 ISSUED BY RESPONDENT TO THE PETITIONER.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 12682 OF 2012
===================
Dated this the 2nd day of August, 2012
J U D G M E N T
Ext.P4 order passed by the respondent Panchayat rejecting an application made by the petitioners for a building permit is under challenge. The order shows that though the property has been classified as a wet land, the land is already converted more than 10 years prior to the implementation of Act 28 of 2008. This therefore means that it was only on the basis of the entry in the revenue records that the land is a wet land, the request of the petitioners has been rejected.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp
K.M. Mohammed Kamal & Anr.
Pulamanthol Grama Panchayath & Ors.
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
