The Standing Counsel for the respondents takes notice. 2. Petitioner has applied for a building permit and the application was rejected by the second respondent as per Ext.P4 communication, stating that the property where the petitioner proposes to construct the building is shown as 'Nilam' in the possession certificate produced by the petitioner. Ext.P4 communication of the second respondent is under challenge in this writ petition.
3. In Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009 (3) KLT 899], this Court held that an application for building permit cannot be rejected based on the nature of the property as recorded in the revenue records and the statute operates on the basis of facts as they exist on ground realities.
4. In the light of the said decision, Ext.P4 communication is quashed and the second respondent is directed consider the W.P.(C).NO.30606/2014 2 application of the petitioner for building permit afresh, after ascertaining the nature of the property as it lies at present, within one month from the date of receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
P.B. SURESH KUMAR, JV JUDGE