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2012 Supreme(Online)(KER) 34471

HIGH COURT OF KERALA
C.K. ABDUL REHIM, J
ABDUL RASHEED – Appellant
Versus
PAZHAYAKUNNINMEL PANCHAYAT – Respondent


JUDGMENT

Exhibit P4 application submitted by the petitioner seeking to assign building numbers for the rooms situated in the first floor of a commercial building constructed by him, was rejected through Exhibit P5, stating the reason that as per the title documents and the revenue records the description of the property remains as 'Nilam' (wet land). According to the petitioner the building was constructed before introduction of the Building Rules in the area of the respondent Panchayat and building number was already assigned to the rooms situated in the ground floor. Petitioner assails Exhibit P5 on the ground that the reasons stated therein is not at all sustainable.

2. Heard; counsel who entered appearance on behalf of the respondent. In this regard it is pertinent to note that, the legal issue now stands settled through decisions of this Court in Shahanaz Shukoor V. Chelannoor Grama Panchayat (2009 (3) KLT 899), Praveen V. Land Revenue Commissioner (2010 (2) KLT 617) and Jafarkhan V K.A.Kochumakkar and others (2012 (1) KHC 523 (DB). The dictum in those decisions are to the effect that building permits cannot be denied on the ground that the description of the property remains a

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