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2017 Supreme(Ker) 21

A.K.JAYASANKARAN NAMBIAR
THOMASLY – Appellant
Versus
IRINJALAKUDA MUNICIPALITY REPRESENTED BY ITS SECRETARY, IRINJALAKUDA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, SRI.VISHNU BHUVANENDRAN, SRI.U.M.HASSAN, SMT.DEVI.R.SENS, SMT.P.PARVATHY
For the Respondent: SRI.SURIN GEORGE IPE, SMT.S.AMBILY

JUDGMENT :

The petitioner is the owner of 0.0202 Ares of land in Old Survey No.152/6 of Irinjalakuda Kara, Mukundapuram Taluk, Thrissur District. With a view to putting up a building, for commercial purposes, in the said property, the petitioner approached the 2nd respondent Municipality with an application for building permit. The said application was however rejected by the 2nd respondent, stating that the land in question was described as 'Nilam' in the Basic Tax Register. Ext.P3 is the order rejecting the application preferred by the petitioner. In the writ petition, the petitioner impugns Ext.P3 order, and seeks a direction to the 2nd respondent to consider his application afresh, taking note of the actual nature of the land.

2. When the writ petition came up for admission, this Court called for a report from the 3rd respondent, who is the Convener of the Local Level Monitoring Committee [LLMC], with regard to the lie and nature of the property and specifying whether the property in question was included in the draft/notified data bank. A report has since been filed by the 3rd respondent, which shows that, in the draft data bank, the property is included as converted land, and t







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