The court ruled that amendments to the Kerala Land Assignment Act may enable reconsideration of building permit applications under certain conditions.

JUDGMENT

The above writ petition is filed with following prayers :

i. “Issue a Writ of Certiorari or any other appropriate Writs, Orders or directions, to call for the records leading to Exhibit P-4 and to quash the same to the extent it stipulates that permission cannot be granted in an assigned land in the interest of justice;

ii. Issue a Writ of Mandamus or any other appropriate Writs, Orders or directions commanding the 2nd respondent to grant building permit to the petitioner as applied for in the interest of justice;

iii. To dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice;

iv. Render such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

[sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that there is an amendment to the Kerala Land Assignment Act and Rules and therefore, the petitioner will obtain necessary orders from the competent authority and based on the same, there may be a direction to the Panchayat to consider the application, if other defects stated in the impugned order are cured. I think that prayer can be allowed.

Therefore, this writ petition is disposed of with the following directions :

1) If the petitioner obtains necessary orders as per the amended Kerala Land Assignment Act and Rules from the competent authority and cures other defects, if any, in the impugned order, the Panchayat will consider the application in accordance with law, forthwith.

sd/-