LESLIE JOHNY Vs. ALAGAPPANAGAR GRAMA PANCHAYATH

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking to quash Exts.P8, P12 and P13 orders passed by the respondent Panchayat. According to the petitioner, he had title over 16.267 cents of land in Sy.No.144/2 of Amballur Village, Mukundapuram Taluk. His predecessor in interest had constructed a two storied commercial building in the property sometime in 1995. In 2005, a portion of the property was acquired for the development of the National Highway and Ext.P3 Award was passed. This led to partial demolition of the commercial building.

(2.) ACCORDING to the petitioner, he wanted to construct a new commercial building in the remaining portion of his property. Therefore, he made an application for a building permit. That application of the petitioner was rejected by the respondents stating that the property in question has been described as nilam in the possession certificate. Immediately, the petitioner filed Ext.P9 representation enclosing Ext.P10, the proceedings of the Revenue Divisional Officer issued under the provisions of the Kerala Land Utilization Order permitting reclamation of the land in question. At that stage, petitioner approached this Court and filed WP(C) No. 5268/12 and that writ petition was disposed of by Ext.P11 judgment directing consideration of his representation. Accordingly, the matter was considered and Ext.P13 order was issued stating that the permission cannot be granted since the land has been described as nilam in the data bank prepared under Act 28 of 2008.

(3.) IN view of this, I set aside Exts.P8 and P13 and direct the Panchayat to pass fresh orders on the application made by the petitioner in accordance with law and as expeditiously as possible on the production of a copy of this judgment. Writ petition is disposed of as above.