BADHARUDEEN Vs. KANDANASSERY GRAMA PANCHAYATH AND ORS.

JUDGEMENT

(1.) EXT . P3 order, by which the petitioner's application for building permit was rejected, is under challenge in this writ petition.

(2.) THE petitioner is in joint ownership of 20 cents of land comprised in Sy. No. 570/1 of Kandanassery Village within the limits of the respondent panchayat in Talappilly Taluk, Thrissur District. The 2nd respondent rejected the application for building submitted by the petitioner as per Ext. P3, stating that the property is described as 'Nilam' as per revenue records; and hence, permission cannot be granted. According to the petitioner, the property is a pucca garden land with full of coconut trees. He produced Ext. P4 photographs, showing the nature of land and Ext. P5 certificate, certifying the nature of the property. Therefore, according to the petitioner, Ext. P3 is per se illegal and hence, liable to be quashed.

(3.) THE decision of this Court in Mohammed Abdul Basheer C.P. V. State of Kerala and another ( : 2012 (3) KLT 86) lays down the principle that the present position of the land has to be taken into consideration and on ascertaining these facts, permission can be granted for construction.