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2011 Supreme(Online)(KER) 25249

HIGH COURT OF KERALA
HARUN-UL-RASHID, J
SHAMSUDHEEN – Appellant
Versus
THE ALAMCODE GRAMA PANCHAYATH – Respondent


J U D G M E N T

The writ petition is filed seeking to quash Ext.P4 order and for a direction commanding the respondent to reconsider the application of the petitioner in the light of Ext.P2 & P3 reports and the precedents, reported decisions of this Court and to grant building permit to the petitioner.

2. The petitioner applied for permission for the construction of a commercial building in the property owned by him. The application was rejected by the 2nd respondent stating that the description of the property of the petitioner in the village records is mentioned as 'nanja' and hence Panchayath does not have any power to issue building permit.

3. The petitioner submits that his property and surrounding lands are residential plots lying as dry land. The petitioner submits that the property was paddy field about 30 years before his purchase, that the prior owners converted it into a residential plot and has planted coconut trees which are more ::2::

than 30 years now. It is pointed out that in the surrounding lands, commercial and residential buildings are constructed and said lands are also dry lands. The petitioner produced a copy of the notification dated 6.3.2010 fixing the fair val

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