V K REENA Vs. ETTUMANOOR GRAMA PANCHAYAT ETTUMANOOR

JUDGEMENT

(1.) IN both these cases the respondent Grama Panchayat had rejected the applications for building permits submitted by the petitioners, through Exts.P3 and P4 assigning the reason that the description of the property remains as 'Nilam' (wet land) in the title documents and hence the building permit cannot be granted under Section 14 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.

(2.) PETITIONERS have produced photographs evidencing that the property in question is pucca garden land surrounded by residential and commercial buildings and having access to tarred public road. They have also produced reports of the Local Level Monitoring Committee constituted under the Kerala Conservation of Paddy Land and Wet Land Act certifying that the property is not suitable for cultivation. In Ext.P4 it is indicated that even the Secretary of the Grama Panchayat had conceded that during inspection it is revealed that the properties remain are garden land (dry land). Therefore, it is contended that, the rejection on the ground that the description of the property in the title documents remains as 'Nilam' cannot be sustained. 2. Heard; Sri. Shanavas Khan standing counsel appeared on behalf of the respondents. The legal issue involved stands settled through various decisions of this court, including Shahanaz Shukoor V. Chelannoor Grama Panchayat (2009 (3) KLT 899), Praveen V. Land Revenue Commissioner (2010 (2) KHC 499) and Jafarkhan V. K.A. Kochumakkar and others (2012 (1) KHC 523 (DB).

(3.) A decision in this regard shall be taken at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.