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2012 Supreme(Online)(KER) 34911

HIGH COURT OF KERALA
C.K. ABDUL REHIM, J
ST SEBASTINE CHURCH – Appellant
Versus
TAHSILDAR – Respondent


J U D G M E N T

Petitioner is aggrieved by non-disposal of an application submitted for Building Permit, on insisting production of basic tax receipt with respect to the property in question. According to the petitioner, the application for building permit, submitted as early as in January 2011, has not been considered and disposed of, till date. Contention of the petitioner is that they got right over the property by virtue of 'Kuthakapattam' (lease granted by the Government). The petitioner had produced Ext.P3 certificate obtained from the Village officer concerned, evidencing possession of the property. Exhibit P10 is the Possession certificate issued by the Village officer. The petitioner had produced Ext.P12, yet another certificate issued from the Village officer which will indicate that the property was leased out in the year 1961 as 'Kuthakapattam'.

W.P.(c) No.2132/2012 -2-

2. Learned counsel for the petitioner had pointed out the definition of 'owner' under Section 2 (b) (l) of the Kerala Panchayat Building Rules, 2011, which includes person who receives rent for the use of the land as well as a lessee in possession of the land. Since the petitioner is in possession of the la

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