SEBU PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner owns an item of land measuring 1.21 Ares within the limits of the second respondent, the Thrissur Corporation. During late 1980s, a few items of lands were acquired for Thrissur Corporation and consequent on the said acquisition, a few people became landless. In order to rehabilitate them, another land was acquired and people who became land less were rehabilitated in the acquired land. The predecessor in interest of the petitioner is one of such persons. It is seen that the predecessor of the petitioner accordingly put up a residential building in the said land and was residing there. Petitioner intends to put up a new building in the land. He, therefore, applied for a building permit from the Corporation. The application submitted by the petitioner for the said purpose is turned down by the Corporation in terms of Ext.P4 communication stating that since the land of the petitioner is shown in the revenue records as wetland, he can put up constructions in the land only upto 120 square meters and since the petitioner proposes to put up a building in the land having a larger area, he is not entitled to building permit. The petitioner is aggrieved by Ext.P4 communication and hence this writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Standing Counsel for the second respondent.

(3.) The reason, on the basis of which the request of the petitioner for building permit was declined by the Corporation, which was communicated to the petitioner in terms of Ext.P4 reads thus: