High Court of KeralaSingle JudgeWrit petition disposed of accordingly.

Jaison v. Aloor Grama Panchayat and Secretary, Aloor Grama Panchayat

Case / Petition Number:WP(C).No. 21711 of 2013 (L)
Neutral Citation:,

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. T. Ravikumar
Judgment Date
2014-06-16
Court Decision / Holding
Set aside Ext.R2(a); direct the second respondent to conduct an inspection to ascertain the land’s real nature; upon completion of the inspection, decide the application expeditiously and, in any case, within six weeks, in accordance with law.
Final Disposition
Writ petition disposed of accordingly.

Parties to the Case

Appellants / Petitioners

  • Jaison

Respondents

  • Aloor Grama Panchayat, represented by its Secretary
  • Secretary, Aloor Grama Panchayat, Aloor P.O., Thrissur District, PIN-680683

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Renjith Thampan (Sr.)
  • • Smt. P.R. Reena

Counsels for Respondents

  • • Sri.T.N.Manoj

Case Synopsis & Summary

Jaison, owner in possession of 18.82 ares of land comprising survey Nos. 501/3 and 502/1 in Kallenttinkara village, challenged the denial of a building permit for a flour mill. The permit was refused by Ext.R2(a) dated 16-01-2014 on the ground that the land is described as Nilam (wet land) in the possession certificate, with a note that permissions could be granted only for constructing residential buildings, thereby excluding construction of a flour mill. The petitioner relies on decisions in Praveen v. Land and a Division Bench ruling in Jafarkhan v. K.A. Kochumakkar to argue that Nilam description alone cannot justify rejection of a building permit. The counter affidavit reproduces the Ext.R2(a) rationale and does not clearly establish that a site inspection preceded the decision. Citing established precedents, the court observes that, before passing orders on a building-permit application, an inspection is incumbent to ascertain the land’s true nature. The court is satisfied that there is no doubt the authority must inspect; Ext.R2(a) is set aside. The court directs the second respondent to inspect the property to determine its real nature and, based on the outcome, to decide expeditiously (within six weeks) in accordance with law. The writ petition is disposed of accordingly.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the Ext.R2(a) rejection rests solely on the Nilam description in revenue records, which cannot, in isolation, justify refusal of a building permit for a flour mill. Relying on Praveen v. Land and Jafarkhan v. K.A.Kochumakkar (DB), it is urged that wetlands or wet land designations should not permanently prevent viable reuse; instead, such land should be assessed and, if feasible, allowed conversion to a permitted use after proper inspection. The petitioner asserts that mast trees on the land indicate reclamation and challenge to the Nilam characterization, calling for on-site verification before any decision on permit. The applicant seeks setting aside Ext.R2(a) and directing inspection to ascertain the land’s true nature, with consequent reconsideration in light of law and precedents.

Contentions of Respondents

The respondents maintain that the decision Ext.R2(a) was based on the land being Nilam in revenue records, with the statutory constraint that residential construction only would be permissible; the affidavit restates the reasoning that Nilam described land cannot host a flour mill. They argue that the authority’s decision, though perhaps lacking explicit on-site verification, rests on the land’s classification. They contend the necessity of inspection is a principle emerging from jurisprudence, but leave the factual verification to the inspecting authority. The respondent party acknowledges the need for due process but upholds the original rationale of limiting use due to wetland status unless viable conversion is approved by the relevant authorities.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Praveen v. LandUnknownPositiveCited to support the proposition that mere Nilam description cannot be a sole ground to reject a building permit; emphasizes need for factual verification.
Revenue Commissioner [2010(2) KLT 617]2010(2) KLT 617PositiveUsed to reinforce the view that inspection and factual assessment are essential before adverse determinations on building permits.
Jafarkhan v. K.A.Kochumakkar [2012(1) KHC 523 DB]2012(1) KHC 523 DBPositiveCited to illustrate that wetland land may be considered for conversion to a viable use, subject to proper evaluation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936 WP(C).No. 21711 of 2013 (L) ---------------------------- PETITIONER(S): ---------------- JAISON, AGED 42 YEARS S/O.OUSEPH, THEKKAN HOUSE, ELINJAPRA.P.O. THRISSUR. BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S): ------------------- ## 1. ALOOR GRAMAPANCHAYAT, REPRESENTED BY ITS SECRETARY, ALOOR P.O. THRISSUR DISTRICT, PIN-680683. ## 2. SECRETARY, ALOOR GRAMAPANCHAYAT, ALOOR P.O., THRISSUR DISTRICT, PIN-680683. R1 & R 2 BY ADV. SRI.T.N.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21711 of 2013 (L) ---------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1: COPY OF THE BASIC TAX RECEIPT FOR THE PETITIONER'S PROPERTY DATED 26.6.2013. P2: PHOTOGRAPHS SHOWING THE PROPERTY COVERED BY EXT.P1. P3: COPY OF THE RECEIPT EVIDENCING FILING OF PETITIONER'S APPLICATION DATED 29.8.2013. P4: COPY OF THE JUDGMENT IN WPC.NO.27998/2012 DATED 19.6.2013. P5: COPY OF THE JUDGMENT IN WPC.NO.1592/2013 DATED 06.02.2013. RESPONDENT(S)' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. dlk ## **C.T. RAVIKUMAR, J. ========================== W.P.(C). No.21711 OF 2013 ==========================** Dated this the 16[th] day of June, 2014 ## **JUDGMENT** The petitioner who is the owner in possession of 18.82 Ares of land comprised in survey Nos.501/3 and 502/1 of Kallenttinkara village filed this writ petition on being aggrieved by the rejection of application submitted by him for building permit for constructing a flour mill in the said property. That application was rejected as per Ext.R2(a) dated 16.01.2014. A perusal of Ext.R2(a) would reveal that permission was declined on the ground that the land in question is described in the possession certificate as Nilam (wet land). It is further stated therein that permission could be granted only for constructing residential buildings in the said land and therefore, permission for constructing flour mill cannot be granted. The petitioner relies on the decision of this Court in **Praveen v. Land** **W.P.(C).21711/13** 2 **Revenue Commissioner [2010(2) KLT 617]** and a Division Bench decision of this Court in **Jafarkhan v. K.A.Kochumakkar [2012(1) KHC 523 DB].** In **Praveen'** s case (supra), this Court held that mere description of the property as 'Nilam' cannot be a reason for rejecting the application for building permit. In **Jafarkhan'** s case (supra), it was held that if a paddy field or a wet land became unfit cultivation viably such land should be permitted to be converted for suitable use instead of allowing it to be retained as waste land. 2. A counter affidavit has been filed in this writ petition. A perusal of the contentions raised thereunder would reveal that it is nothing but an extended version of the reason assigned in Ext.R2(a). It is evident from Ext.R2(a) that the application for building permit was rejected taking into account the description of the property in the revenue records as 'Nilam' and it is not discernible from Ext.R2(a) as to whether a verification of the land in question was conducted to **W.P.(C).21711/13** 3 ascertain its real nature prior to the rejection of the said application. In the light of the decisions referred (supra), there cannot be any doubt with respect to the position that before passing orders on an application for building permit it is incumbent on the authority to conduct an inspection into the property in question. The contention of the petitioner is that though the property in question has been described as 'Nilam' in the revenue records, mast trees and mastful trees are available in the property which would suggest that the land was reclaimed long ago. In other words, it is the contention of the petitioner that the contention of the respondents that the land in question lies as wet land is not true to facts. In view of the discussion as above, I am of the view that the respondents are bound to reconsider the application submitted by the petitioner for building permit after conducting an inspection into the property in question. To enable such consideration at the hands of the respondents, Ext.R2 (a) is set aside. Consequently, there will be a direction to the second respondent to conduct an inspection into the property in question to **W.P.(C).21711/13** 4 ascertain its real nature. Subject to the outcome of such inspection bearing in mind the decisions referred (supra), the second respondent shall take appropriate decision on the application expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. **Sd/-** ## **C.T. RAVIKUMAR (JUDGE)** ## **spc/** **W.P.(C).21711/13** 5 **C.T. RAVIKUMAR, J.** **JUDGMENT September, 2010** # **W.P.(C).21711/13** 6