ALEXANDER THOMAS, J. - (1.) The case set up in this WP(C) are as follows: That by Ext. P4 order, the District Collector granted permission to the petitioner to use its landed property having an extent of 37.32 ares for purposes other than cultivation as contemplated by Clause 6(2) of the Kerala Land Utilization order. However, the District Collector imposed a further condition that the petitioner shall make payment of the prescribed under Sec. 27A of the Kerala Conservation of Paddy Land and Wetland Act. But, this Court as per Ext. P5 judgment set aside such rider by holding that the application by the petitioner was submitted prior to the introduction of Sec. 27A into the said Act and that it has no application. Based on Ext. P5, steps are being taken by the revenue authorities to re- classify the land in the basic tax register also. But, the Corporation is refusing to consider the application for building permit holding that as per Ext. P4 order the petitioner has to make the necessary payment under Sec. 27A and then alone its application for building permit could be considered. The stand of the Corporation is one which is attempting to defeat the judgment rendered by this Court and highly contumacious. Therefore, in the present writ petition the petitioner seeks a direction to the Corporation to consider Ext. P6 application for building permit without insisting on unreasonable conditions.
(2.) It is in the light of these averments and contentions that the petitioner has filed this instant WP( c) with the following prayers: (i) quash Ext. P7 order by the issue of a writ of certiorari or other appropriate writ, order or direction; (ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider Ext.P6 application and to grant permission sought for therein without any further delay;
(3.) Heard Sri. K.P. Sudheer, learned counsel appearing for the respondents and S. Sudheesh Kumar, learned standing counsel for the Cochin Municipal Corporation appearing for the respondents.;