The petitioner is the owner of an extent of 14.529 cents of property within the limits of the 1st respondent Panchayat. The property was purchased as per Ext.P1 sale deed in the year 2009. The petitioner thereafter decided to construct three residential buildings in the property. One of the buildings has been constructed and has been numbered by the Panchayat. With respect to the construction of the second and third buildings, the petitioner has not been issued with building permits. The reason stated is that, the Panchayat is not in a position to ascertain whether any puramboke land is there within the property of the petitioner. For the purpose, as per Ext.R1, a request has been made to the Thahasildar, Kunnathunadu to clarify the above position.
2. According to Adv.Smt.Vaheeda Babu who appears for the petitioner, the property of the petitioner is part of a larger extent of private property. There is no Government land anywhere within the boundaries of the said property. Ext.P10 is a report of the Village Officer, which clearly certifies that no Kuthakapattam land is available anywhere within the property of the petitioner. In view of W.P.(C) No.24746 of 2014 2 the above, it is contended that the present attempt of the Panchayat in issuing Ext.R1 is only to holdup the construction of the petitioner. It is also alleged that the said action is at the behest of the 5th respondent.
3. Adv.A.T.Anilkumar appears for respondents 1 and 2. A counter affidavit has been filed producing Ext.R1. According to the counsel for the Panchayat, Ext.R1 has been issued pursuant to a resolution adopted by the Panchayat Committee deciding to request the Thahasildar for clarification on the question as to whether Kuthakapattam land was available within the property of the petitioner. However, according to the counsel for the Panchayat, the petitioner's application would be considered and appropriate orders would be passed thereon, without delay.
In view of the above, this writ petition is disposed of directing the 2nd respondent to consider Ext.P7 in the light of Ext.P10 report of the Village Officer and to pass appropriate orders thereon, in accordance with law, 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.
AV