JOY K. VARGHESE Vs. MUDAKKUZHA GRAMA PANCHAYAT

JUDGEMENT

(1.) The prayers in this writ petition are as follows :-

(2.) Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent, Panchayat as well as the learned Government Pleader appearing for the additional 3 rd respondent, Local Level Monitoring Committee.

(3.) The petitioner claims that he is the owner and possession of 4.59 Ares of property in Re-survey No.130/5/5 and 4.72 Ares in Resurvey No.130/5/4 of Vengoor West Village. The property was purchased by the petitioner by sale deed No.2254/2014 of the Kuruppumpady Sub Registrar Office. It is submitted that the predecessor-in-interest of the petitioner had applied for a building permit for constructing a residential building in the property. The 2nd respondent rejected the application stating that the property is 'nilam' and included in the data bank. The order was challenged before this Court by the petitioner's predecessor-in-interest filing W.P.(C) No.29920/2013 and by Ext.P2 judgment dtd. 13/3/2014 the order of rejection was set aside and the 2nd respondent was directed to consider the application for building permit and pass orders afresh, after ascertaining the condition of the property. The 2nd respondent thereafter, inspected the property and issued a building permit for construction of a residential building with a plinth area of 73.84 meter square by Ext.P3 dtd. 13/5/2014.