Ext.P2 and P3 orders passed by the respondent Panchayath is under challenge.
2. The petitioner is the owner in possession of a land having an extent of 35 cents in Re-Survey No.16/1 of Naduvannur village in Koyilandy Taluk. The petitioner alleges that he submitted applications for building permit on 17.10.2013 for constructing shop rooms. However, by Exts.P2 and P3 orders, the said request was rejected for the reason that in the sale deeds, the said land was described as 'Nilam'. It is in this background the petitioner has come up before this Court.
3. Arguments have been heard.
4. Ext.P4 is the certificate issued by the Agricultural Officer which would go to show that the property is not a paddy land and not included in the data bank register published by the Panchayath. In support of the claim, the W.P.(C) No. 31097/2013 : 2 : petitioner has produced Ext.P5 photographs. Exts.P6 to P8 are judgments passed by this Hon'ble Court in identical cases and in respect of the respondent Grama Panchayath. It was also argued that Ext.P2 and P3 are against the dictum laid down by this Court in 2009(3) KLT 899 and 2012(3) KLT
333.
5. I see valid force in the submission made by the learned counsel for the petitioner. Therefore, this writ petition is allowed. Ext.P2 and P3 orders are quashed and the matter is remitted back to the respondent Panchyath to reconsider the applications in the light of Exts.P6 to P8. This exercise shall be completed within a period of two months.
To facilitate an early disposal of the case, it shall be open to the petitioner to produce a copy of this judgment along with other relevant records before the respondent Panchayath within one month.