RAJENDRA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with the rejection of a building permit application by Exhibit P6. Exhibit P6 rejection was made since the property in which the construction was intended was described in the Basic Tax Register [for brevity "BTR"] as "wet land".

(2.) The learned Counsel appearing for the respondent-Panchayat submits that there could be no construction carried out going by the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [for brevity "Paddy Land Act'].

(3.) The petitioner is concerned with 13.25 Ares of property comprised in Re-survey No.343/5 in Block No.19 of Ezhamkulam Village in Pathanamthitta District. The petitioner has produced tax receipt at Exhibit P1. The Possession Certificate produced at Exhibit P2 classifies the land as a "wet land". The petitioner submits that even in the data bank, extract of which is produced as Exhibit P4, the land is shown as dry land [Banana, Tapioca, Betelvine].