JUDGMENT

The case set up in this writ petition (c) is as follows:-

The application of the petitioners for building permit was rejected by the 4th respondent by Exhibit P5 order stating that the proposed land is described as Wetland in the Possession Certificate, hence building permit as sought for cannot be granted. The authority before rejecting an application for building permit is to see the actual lie and nature and the ground realities of the subject land. The property of the petitioners does not fall under S.2 (xviii) of the Paddy Land Act. It was never used as a paddy land and is not at all suitable for paddy cultivation. No agricultural activity had been carried out in the property for the last several decades. It was residential plot even before the date of coming into force of the Paddy land and Wet Land Act, 2008. The provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 are not at all applicable to the property of the petitioners. It is in the light of these averments and contentions, that the petitioners have filed this Writ Petition (c) seeking the following prayers:

a) Call for the records relating to Exhibit P5 and quash the same by issuing writ