The application for building permit submitted by the petitioner to the second respondent was rejected on the ground that the property where the petitioner propose to construct the building is a paddy field as per the sanctioned master plan of the area. Ext.P1 is the communication issued by the second respondent to the petitioner in that connection. In Ext.P1, it is also stated that the property of the petitioner is a paddy field as per the village records. 2. This Court has considered an identical issue in Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009 (3) KLT 899] and held that the application for building permit has to be considered in the light of the ground realities and not based on the entries in the village records.
3. In the said circumstances, Ext.P1 communication is quashed. The second respondent is directed to pass fresh orders on the application for building permit submitted by the petitioner, W.P(C) No. 23112 of 2014 2 after ascertaining the nature of the property of the petitioner as it lies at present, within six weeks from the date of receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
P.B.SURESH KUMAR, JUDGE //true copy// P.A to Judge smv