BEEVATHUKUTTY NOORA Vs. ALAMCODE GRAMA PANCHAYATH

JUDGEMENT

(1.) APPLICATION for building permit submitted by the petitioner was rejected through Ext.P5 assigning the reason that the description of the property in the possession certificate is as 'Nenja' (wet land). The petitioner had produced Ext.P3 certificate issued by the agricultural officer which will indicate that the property in question remains converted above 20 years back. Ext.P4 certificate issued by the Village Officer also indicate the above situation, and it certifies that the property contains grown up coconut and other trees, having the age of more than 20 years. According to the petitioner, the property in question is pucca garden land (dry land) and the rejection on the basis of the description of the property in the possession certificate cannot be sustained.

(2.) HEARD; counsel for the petitioner. In view of the settled legal position and the relief proposed to be granted, I am not issuing notice to the respondent Grama Panchayat.

(3.) IN the result Ext.P5 is hereby quashed. The 2nd respondent is directed to consider the application for building permit submitted by the petitioner and to dispose of the same afresh, if necessary after conducting site inspection and after affording opportunity of personal hearing to the petitioner. Needless to say that if it is convinced that the property in question remains converted prior to enactment of the Conservation Act, building permit shall be granted, if the petitioner is otherwise eligible and if the application is otherwise in order.