The petitioner has filed this writ petition aggrieved by Exhibit P6 proceedings of the second respondent by which, an application for building permit submitted by him has been rejected. The reason stated for rejection is that, the property has been categorized as paddy field in the records. The petitioner has produced Exhibit P3 photograph and Exhibit P4 Certificate issued by the Agricultural Officer to contend that, the land is not wetland or paddy land. Exhibit P7 Data Bank prepared under the provisions of Act 28 of 2008 also, describes the petitioner's land at serial No.48 as having no paddy land or wet land within its boundaries. 2. The counsel for the respondents Sri. Jacob Abraham submits that, Exhibit P4 document had not been produced before the second respondent.
4. Having considered the rival contentions of the W.P.(C) No.17427 of 2014-C -:2:-
contesting parties, it has to be held that Ext.P6 is unsustainable in view of the dictum laid down by this court in Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009(3) KLT 899] and Praveen v. Land Revenue Commissioner, [2010(2) KLT 617]. It has been held by this Court that, it is not the description of a land in the Revenue Records that is decisive, but the present condition of the land. If the land has ceased to be a paddy field on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the building permit cannot be denied. A perusal of Ext.P6 shows that the above aspect has not been considered. Therefore, Ext.P6 is set aside.
The second respondent is directed to consider the application for building permit submitted by the petitioner afresh,in the light of dictum laid down by this Court in the decisions referred to above and in the light of Exhibits P4 and P7 documents and to pass fresh orders thereon, after W.P.(C) No.17427 of 2014-C -:3:-
conducting an inspection of the petitioner's property to ascertain its present condition. Orders as indicated above shall be passed, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj