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2022 Supreme(Online)(KER) 19907

HIGH COURT OF KERALA
N. NAGARESH, J
J.S. CLOUD, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
GEORGE ABRAHAM JOSEPH GOPURAN JOBY D JOSEPH, SHRI.MANOJ RAMASWAMY, SC,VENGAPPALLY GRAMA PANCHAYAT, SMT.SURYA BINOY SR.GP

J U D G M E N T

Dated this the 22nd day of August, 2022 The petitioner-Company, owner in possession of

57.25 Cents of land in Vengappally Village of Vythiri Taluk, Wayanad District, has filed this writ petition seeking to quash Exts.P9 and P10 orders and to direct the 5th respondent-Grama Panchayat to issue Building Permit in favour of the petitioner based on the application submitted by the petitioner.

2. The petitioner states that the land of the petitioner is a garden land. The petitioner's predecessor has obtained Patta as per Exts.P5 and P6.

3. The petitioner submitted application for Building Permit. The Secretary to the Panchayat issued a communication without hearing the petitioner, stating that the property was included in a ceiling case under the Kerala Land Reforms Act . Based on the wrong information issued by the Village Officer, the Secretary- Vengappally Grama Panchayat is not issuing the Building Permit.

4. The counsel for the petitioner argued that the property in question was included in the Settlement Register of erstwhile Malabar District of the State of Madras. There is no dispute regarding the fact that the property is not a paddy land or wetland. The petitioner s

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