SUJEENDRAN K Vs. PALAKKAD MUNICIPALITY AND OTHERS

JUDGEMENT

(1.) Ext.P2, by which the petitioner's application for building permit was rejected, is under challenge in this writ petition.

(2.) The petitioner is the owner of a residential plot having an extent of 6.65 cents of property within the local limits of the respondent municipality. The petitioner submitted an application for building permit, which was rejected by the respondent municipality as per Ext.P2, stating that the property is classified as 'nilam'. According to the petitioner, though the land is described as 'nilam' in the revenue records, it is a pacca garden land. He further pointed out that the said property is not even included in the data bank for the area, prepared in terms of S.5(4)(i) of the Conservation of Paddy Land and Wet Land Act. According to him, Section 14 of the Conservation of Paddy Land and Wet Land Act is the only provision, which enables the 1st respondent to reject an application for building permit on the premise that the plot is classified as wetland. It is further pointed out that since the said plot is not included in the data bank, the provisions of the Act do not apply at all. Therefore, according to the petitioner, Ext.P2 has no statutory support and as such, it is beyond the authority of the 1st respondent and, hence, liable to be quashed.

(3.) Arguments have been heard.