SHEEBA VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P6 order issued by Kakkodi Morikkara Grama Panchayat, rejecting her application for building permit solely for the reason that, in the Possession Certificate, the nature of her property has been shown to be 'Nilam'.

(2.) According to the petitioner, she has already obtained Ext.P2 order from the Revenue Divisional Officer (RDO for short) under the provisions of the Kerala Land Utilization Order (KLU Order for short) and therefore, that Ext.P6 is untenable in law. The petitioner, therefore, prays that Ext.P6 be set aside and the respondent - Panchayat be directed to reconsider her application in terms of law, particularly because they have already given Ext.P4 building permit in the year 2016, on the basis of which, she has made certain constructions and that she now only intends to make some additional constructions.

(3.) The learned Standing Counsel for the 5th respondent - Panchayat submits that Ext.P6 has been issued solely because the nature of the property has been shown to be 'Nilam' in the Possession Certificate. She says that the petitioner must thus approach the RDO and obtain necessary orders under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'the Paddy Land Act' for short).