LAWS(KER)-2017-2-310

TOMY SON OF KURIAN AND OTHERS Vs. STATE OF KERALA REPRESENTED BY THE REVENUE SECRETARY, THIRUVANANTHAPURAM

Decided On February 28, 2017
Tomy Son Of Kurian And Others Appellant
V/S
State Of Kerala Represented By The Revenue Secretary, Thiruvananthapuram Respondents

JUDGEMENT

(1.) The petitioners are stated to be in absolute ownership and possession of 2.5 cents of land in Sy.No.314/11 of Elanji Village, Muvattupuzha Taluk. The grievance in the writ petition is essentially that, while they had preferred Ext.P5 application for building permit before the 7th respondent Panchayat, the said respondent refused to accept the application for building permit, inter alia, on the ground that, the property in which the building was proposed to be constructed was shown as 'Nilam' in the revenue records.

(2.) When the writ petition came up for admission, this Court called for a report from the Local Level Monitoring Committee [LLMC], with regard to the lie and nature of the property. By a report dated 01.11.2016, it is stated that the property of the petitioners is not fit for paddy cultivation, and further, is not included in the land data bank prepared for the region.