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2009 Supreme(Ker) 663

THOTTATHIL B.RADHAKRISHNAN
Shahanaz Shukkoor – Appellant
Versus
Chelannur Grama Panchayat – Respondent


Advocates Appeared:For the Petitioner:R. Ramadas, Advocate. For the Respondent: ---

Judgment :

Notice was issued on this Writ Petition to the respondents with hearing date fixed as 13.7.2009. The matter was listed in court on 13.8.2009. Though service is complete, none appeared for the respondents. The matter was adjourned awaiting appearance. Even today, none appears for the respondents.

2. Perused the materials and heard the learned counsel for the petitioner.

3. The petitioner purchased a building, which was shown in the assessment register of the 1st respondent Panchayat. She, thereafter, paid property tax in her own name. Later, she applied for building permit for construction of yet another building in the plot. That is rejected as per Ext.P12 on the ground that the land is shown in the revenue records as `Nilam' and, therefore, the petitioner has to apply for permission to convert such user, if she wants to put up a building. In Ext.P12, it is also notified that such decision has to be taken by a committee consisting of different persons and that such conversion will be granted only to build a home for a homeless person. Alleging that, the petitioner started construction without obtaining permit, Ext.P13 is issued on the ground that the building would be an

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