The petitioner is aggrieved by Ext.P4 order passed by the 2nd respondent whereby an application for building permit submitted by him has been rejected for the sole reason that the land in question has been described as a 'Nilam' in the land revenue records. It is the case of the petitioner that the land in question was converted a long time ago and he has been paying land tax as a converted land.
2. I have heard Sri.M.Krishnakumar, the learned counsel for the petitioner and Smt.T.J.Seema, the learned Standing counsel for the respondent Panchayath.
3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I am of the view that in the light of the various judgments of this Court, including Ext.P5 and P6 judgments which have been produced along with the writ petition, it is now well settled that the application for building permit cannot be rejected solely placing reliance on the entries, pertaining to the land in question, in the land revenue records. It is incumbent upon the respondent to ascertain the nature of the W.P.(C).No.24248 of 2014 -2-
land, if need be through a physical verification, before taking a decision as to whether the building permit can be granted or not. Since I do not find this exercise as having been done while issuing Ext.P4, I quash Ext.P4 order of the 2nd respondent and direct him to pass fresh orders in the matter taking into account the decisions of this Court as also Exts.P1 and P2 that have been relied upon by the petitioner to show the nature of the land on which he proposes to put up the building. The 2nd respondent shall pass fresh orders in the matter within a period of one month from the date receipt of a copy of the judgment.
A.K.JAYASANKARAN NAMBIAR JUDGE mns W.P.(C).No.24248 of 2014 -3-