It is aggrieved by and dissatisfied with Ext.P5 order rejecting the application submitted by the petitioner for grant of building permit that the captioned writ petition has been filed. The contention of the petitioner is that the application for building permit was rejected assigning an absolutely unsustainable reason in the light of the decision of this Court. Evidently, the application was rejected on the ground that the property in question was described as `nilam' in the revenue records. In the light of the Division Bench decision of this Court in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617 (DB) an application for building permit could not be rejected by assigning the reason that the land in question has been described as `nilam'. In other words, while considering such an application the competent authority has to conduct an inspection to see the actual nature of the land. It is the further contention of the petitioner that the adjoining lands were already reclaimed and constructions were effected on the strength of the permits granted by the third respondent Grama Panchayat. A perusal of the impugned order would reveal that the said aspects were not at all taken up for consideration and the application for building permit was rejected solely on the reason that the land in WP(C).No.3583/2014 2 question was described as `nilam' in the revenue records. In the light of the decision in Praveen's case (supra) the impugned order cannot be sustained as the application was rejected solely assigning the reason that the property was described in the revenue records as `nilam'. In the said circumstances, this writ petition is allowed. Impugned Ext.P5 order is set aside. Consequently, there will be a direction to the 4th respondent to conduct an inspection into the property in question to ascertain the actual nature of the land. While conducting such an inspection the said respondent shall also ascertain the nature of the adjoining lands and whether constructions were effected thereon. Subject to the outcome of such inspection and in accordance with law, bearing in mind the decision in Praveen's case (supra), a decision shall be taken on the application submitted by the petitioner for effecting construction in the property having an extent of 16.18 Ares comprised in Survey Nos.1241/14, 1219/1, 1241/13 and 1241/13-2-1, of Muttuchira Village, Vaikom taluk. This shall be done expeditiously, at any rate, within a period of two weeks from the date of receipt of copy of this judgment.
Sd/-
C.T.RAVIKUMAR Judge TKS