The petitioners, owners of an extent of 2.22 ares of land in survey No:41 of Muringoor Vadakkumury Village, Mukundapuram Taluk within the limits of the first respondent Panchayat have filed this writ petition aggrieved by Ext.P8 proceedings of the second respondent by which an application submitted by them have been rejected. The case of the petitioners is that their predecessor-in-title had been granted permission to construct a building as evidenced by Ext.R2(b). The petitioners have sought for substitution of their names in the place of their predecessor-in-title. The same has been rejected by Ext.P8 stating that such change of name cannot be permitted within a period of ten years of the date of grant of such permission. The counsel for the petitioners points out that the circular, Ext.R2(a), on the basis of which Ext.P8 has been passed, applies only to paddy and wet lands. It has no application to the petitioners' land which is admitted to be dry land in Ext.R2(b). 2. A counter affidavit has been filed producing Exts.R2 (a) to R2(e) documents. According to the counsel for the Panchayat Ext.P8 has been passed because of Ext.R2(a) circular.
3. Heard. It is not in dispute that, as per Ext.R2(b) the predecessors-in-title of the petitioners had been granted permission to make the construction. It is stated in Ext.R2(b) that the petitioner's property was dry land with valuable improvements therein aged 20 years or more. Ext.R2(b) is dated 12.3.2013. What the petitioners have sought for is only substitution of their names in the No Objection Certificate. The property being dry land the circular Ext.R2(a) relied upon by the Panchayat has no application. Therefore, Ext.P8 is unsustainable.
This writ petition is therefore allowed. Ext.P8 is set aside. The second respondent is directed to consider petitioners' application afresh, in the light of Exts.R2(b) and without reference to Ext.R2(a) and to pass appropriate orders thereon in accordance with law. 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.
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K. SURENDRA MOHAN Judge jj /True copy/