K. Harilal, J

1. Briefly put the facts of the case is as follows:

The petitioners are in absolute ownership, possession and enjoyment of 12.48 Ares of land comprised in Survey No. 292/6 in Alangad Village in Paravur Taluk in Ernakulam District, by virtue of Ext.P1 sale deed. At the time of purchase of the said property, Mr. Benedict Cerafin, the prior owner of the property had a valid permit duly issued by the Secretary of the Grama Panchayath for the construction of a commercial building in the above said property and the petitioners purchased the property along with the said permit. When Mr. Benedict Cerafin applied for the building permit for the construction of the commercial building, initially, the Secretary of the Panchayath refused to issue the permit on the ground that in revenue records, the said property was shown as 'Nilam'. The said property was neither a paddy field nor a wet land at that time. The said property was not used as a paddy field or for the cultivation of agricultural crops for more than 35 years. Ext.P2 is the order rejecting building permit issued by the Panchayath. Ext.P2 was challenged in appeal before the Tribunal. The learned Tribunal set