THARAM PARAMBIL ABDUL RASHEED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner had submitted an application to the fourth respondent for the issue of a permit to start a retail petrol pump. As per Ext.P7, the second respondent Panchayat has passed a resolution that his application would be considered only on production of a No Objection Certificate from the District Collector, considering the fact that his property has been described as paddy field in his title deeds. According to the petitioner, his property is remaining as a filled up land with fully grown up coconut palms as can be seen from Ext.P9 photographs. Therefore, he seeks the issue of appropriate directions for the consideration of his application for building permit.

(2.) A statement has been filed on behalf of the Panchayat. According to the Panchayat, the Village Officer had reported that the petitioner's property was described as a paddy field in the records. That was the reason for the issue of Ext.P7.

(3.) HEARD . In view of the statement filed by the first respondent that the petitioner's land is no longer a paddy field having been converted before the coming into force of Act 28 of 2008, he cannot be denied the permit that he has sought for on the ground that the property is described as paddy field in the records. The application submitted by the petitioner would have to be considered, after a physical verification of the present condition of the land by the second respondent. This wit petition is accordingly allowed. The first respondent is directed to consider the petitioner's application for building permit, which shall be filed by him within a period of one week of the date of receipt of a copy of this judgment and shall pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month thereafter.