DAISON THOMAS Vs. KOLAZHY GRAMA PANCHAYATH REPRESENTED BY SECRETARY, KOLAZHY GRAMA PANCHAYAT, M G KAVU P.O., THIROOR, THIRSSUR DISTRICT

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession of 6.35 Ares of land in Re-Survey No.54/1 of Kolazhy Village, Thrissur Taluk, Thrissur District, is aggrieved by Ext.P4 order of the respondent Panchayat, which rejects an application preferred by the petitioner for building permit, inter alia, on the ground that the property on which the petitioner is proposing construction is described as 'Nilam' in the revenue records. In the writ petition, the petitioner impugns Ext.P4 order, and seeks a direction to the respondent Panchayat to consider his application afresh, taking note of the actual nature of the land.

(2.) When the writ petition came up for admission, this Court called for a report from the 3rd respondent, with regard to the lie and nature of the property and specifying whether the property in question was included in the draft/notified data bank. A perusal of the report dated 22.12.2016, which has since been filed by the 3rd respondent, it is apparent that the land in question was converted prior to the enactment of the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the '2008 Act'], and the report suggests that the land cannot be included as paddy land or wetland in the Land Data Bank prepared for the region.

(3.) Taking note of the said report, the writ petition is allowed,