SOUMINI Vs. NADUVANNUR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners are aggrieved by the rejection of their application for building permit as per Exhibit P4. As is seen from Exhibit P4, the rejection was made for reason of the possession certificate of the petitioners showing the description of the land on which the construction was sought to be made, as 'Nilam'.

(2.) The petitioners are the joint owners in possession of a property having an extent of 1.34 cents in Re-survey No.197/1 of Naduvanur Village, Koilandi Taluk. Admittedly the petitioners sought for construction of additional rooms in the first floor in an existing building. In such circumstance, the description of the land in the possession certificate, according to this Court, is not very relevant. However, the rejection has been made by the Panchayat only for reason of the provisions in the Kerala Conservation of Paddy Land and Wetland Act, 2008 [for brevity "Paddy Land Act"].

(3.) The respondent-Panchayat appeared and filed counter affidavit, contending that the petitioners have to approach the authorities for regularisation in accordance with the Paddy Land Act.