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2016 Supreme(Online)(KER) 43994

HIGH COURT OF KERALA
ANU SIVARAMAN, J
ASLAMSO SHOUKKATHALI – Appellant
Versus
THE MANJERI MUNICIPALITY – Respondent


J U D G M E N T

This writ petition is filed challenging Ext.P3 order rejecting the application preferred by the petitioner for construction of residential building. The reason stated in Ext.P3 for the rejection is only that the property is shown as 'Nilam' in the Basic Tax Register.

2. It is submitted by the learned counsel appearing for the petitioner that the property is situated in Manjeri Municipality and is dry land and several residential houses have already been constructed near the property. It is further stated that a mere description of the property in revenue records is not conclusive and the rejection of building permit is therefore unsustainable.

3. Heard Sri.Prasad Chandran, learned counsel appearing for the petitioner as well as Sri.K.Shibili Naha, learned Standing Counsel for the respondent Municipality.

4. It is clear from a perusal of Ext.P3 that the contentions of the writ petitioner regarding the nature of the property have not been taken into account by the Municipality while passing the order. No site inspection also appears to have been conducted. Ext.P3 reveals complete lack of application of mind.

5. In the above circumstances, this writ petition is disposed of

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