J U D G M E N T

…………………......

Application for building permit submitted by the petitioner was rejected through Ext.P2, assigning the reason that the property in question remains as paddy field as per the Master Plan.

2. According to the petitioner, the property remains as dry land, converted long back and it is evident from Ext.P1 Possession Certificate that the property in question is not included in the 'Data Bank' prepared under the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008.

3. Heard; Standing counsel appearing on behalf of the respondent Municipality. It is settled law by this time through decision of this court inShahanaz Shukoor V. Chelannoor Grama Panchayath ( 2009 (3) KLT 899 ), inPraveen V.Land Revenue Commissioner (2010 (2) KLT 617) and in Jafarkhan V. K.A.Kochumakkar and others (2012 (1) KHC 523 (DB)) that the description of the property in the revenue records and other documents as 'Nilam' (wet land) is not a criteria for rejecting the application for building permit. It is held that if the property remains converted much prior to the enactment of the Conservation Act, the property cannot be classified as 'paddy land' or 'wet land' coming w