T K VALSALA W/O M S JAYARAJ Vs. DISTRICT COLLECTOR, COLLECTORATE,; REVENUE DIVISIONAL OFFICER,; CHIEF TOWN PLANNER AND SECRETARY

JUDGEMENT

(1.) Petitioner is the owner of 10.25 Ares of land in R.S. No. 134/11 of Kallikkadu Village in Neyyattinkara Taluk which she purchased as per sale deed No. 1063/07 of Ottasekharamangalm Sub Registry Office. It is stated that the Petitioner made an application to the 4th Respondent for a building permit and the application is still pending before the Panchayath. In the meantime, in Ext.P2 report submitted by the Village Officer it is stated that the land is fully reclaimed one, and that the neighbouring lands are also reclaimed and planted with rubber trees. However, from Ext.P4 it is seen that the Panchayath has not considered the application of the Petitioner for the reason that in Ext.R4(a) a circular issued by the Government of Kerala, it is stated that if a building is to be constructed by reclaiming a paddy field, prior permission of the Revenue Divisional Officer is to be produced.

(2.) However, from Ext.P2 report of the Village Officer it is obvious that the land was reclaimed long above and that it is in that land the Petitioner is proposed to make construction. If that W.P.(C). No. 27599 OF 2009 be so, the requirement of permission of the Revenue Divisional Officer which need be produced only if the land is to be reclaimed for building construction, cannot have any application to the case of the Petitioner. Therefore, the Panchayath could not have declined to consider the application relying on Ext.R4(a).

(3.) In that view of the matter I direct that if the application made by the Petitioner otherwise complete in all respects, orders shall be passed at any rate within eight weeks from the date of production of a copy of this judgment.