C.K. Abdul Rehim, J.

1. Application for building permit submitted by the petitioner was rejected through Ext.P4 on the ground that the description of the property in the possession certificate is shown as wet land. The petitioner had produced Ext.P2 series photographs which will indicate that there is a hollow brick manufacturing unit functioning in the property in an open shed and the property contains coconut trees and other grown up trees having the age of approximately 15 to 20 years. Ext.P3 licence issued by the Panchayat indicates that the hollow brick manufacturing unit was permitted to function in the property. According to the petitioner, the property in question remains converted long back prior to enactment of the Kerala Conservation of Paddy Land and Wet Land Act 2008 and hence the rejection merely on the basis of the description contained in the possession certificate or revenue records, cannot be sustained.

2. Heard; counsel for the petitioner and learned Government Pleader for the 1st respondent. In view of the settled legal position and the relief proposed to be granted, I am not issuing notice to the 2nd respondent Grama Panchayat.

3. The legal position