The petitioner is aggrieved by the rejection of his application for building permit for construction of a building in the property having an extent of 2.268 Ares comprised in re-survey No.47/1 of Iyyad Desom in Koyilandy Taluk. The said application was rejected as per Ext.P7 order for the reason that the land in question is described in the revenue records as 'nilam'. The challenge of the petitioner against Ext.P7 order is founded on the decision of this Court in Praveen v. Land Revenue Commissioner [2010(2) KLT 617] 2.I have heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. Obviously, a perusal of Ext.P7 order would reveal that the application submitted by the petitioner for building permit was rejected on the ground that the land in question was described in the revenue records as 'nilam'. There cannot be any doubt with respect to the position that mere description of the property as 'nilam' in the revenue records by itself cannot be a reason for rejecting the application for building permit. The said position is settled by the decision of this Court in Praveen's case (supra). In such circumstances, the impugned Ext.P7 order cannot be sustained. I am of the view that the application submitted by the petitioner for building permit requires a reconsideration at the hands of the respondent. To enable such consideration, Ext.P7 order is set aside. Consequently, there will be a direction to the respondent to restore the application for building permit that culminated in Ext.P7 order and to conduct an inspection into the property concerned to ascertain the nature of the land. Subject to such inspection, the respondent shall take a decision on the application for building permit bearing in mind the decision in Praveen's case (supra). While considering the said aspect, the contention of the petitioner that building permit was granted to the owner of the property lying on the southern side of his property shall also be taken into account. Such inspection and consequential orders on the application shall be made expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.
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C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010