Kerala High Court
Johnlee Thankachan vs Thrikkur Grama Panchayath on 10 February, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939
WP(C).No. 29234 of 2017
PETITIONER:
JOHNLEE THANKACHAN,
S/O.THANKACHAN, AGED 20 YEARS,
RESIDING AT KOORKANCHERYKARAN HOUSE,
ALAGAPPANAGAR.P.O., THRISSUR- 680 302.
BY ADVS.SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENT(S):
1. THRIKKUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
KALLOOR.P.O.,(VIA) ALAGAPPANAGAR,
THRISSUR- 680 317.
2. THE LOCAL LEVEL MONITORING COMMITTEE,
(UNDER THE CONSERVATION OF PADDY LAND &
WETLAND ACT),
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER,
KRISHI BHAVAN, THRIKKUR,
THRISSUR- 680 317.
3. THE REVENUE DIVISIONAL OFFICER,
THRISSUR- 680 001.
R1 BY ADVS. SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
R2 & R3 BY GOVERNMENT PLEADER SMT.RAJI T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01-02-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 29234 of 2017 (D)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO
THE PETITIONER'S BROTHER SRI.MARSHEL, DATED 10.2.2017.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR
REGULARIZATION SUBMITTED BY THE PETITIONER
DATED 29.8.2017
EXHIBIT P3 TRUE COPY OF THE APPLICATION IN THE REQUISITE
FORMAT FOR ALLOTMENT OF DOOR NUMBER AND
ASSESSMENT OF TAX FOR THE SHED DATED NIL.
EXHIBIT P4 TRUE COPIES OF FEW PHOTOGRAPHS WHICH SHOW THE
LIE AND NATURE OF THIS PROPERTY AND THE SMALL
SHED CONSTRUCTED BY THE PETITIONER DATED NIL.
EXHIBIT P5 TRUE COPY OF THE EXTRACT OF THE DATA BANK
ISSUED FROM THE AGRICULTURAL OFFICER, KRISHI
BHAVAN, THRIKKUR DATED 7.6.2017.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 9.6.2017.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
mbr/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.29234 OF 2017 (D)
-----------------------------------
Dated this the 1st day of February, 2018
JUDGMENT
The petitioner is stated to be in absolute ownership and possession of 9 cents of land in Sy.No.33/3 of Kallur Village in Mukundapuram Taluk. In the writ petition, the petitioner is aggrieved by the inaction on the part of the respondent Panchayat in considering an application for regularisation submitted by the petitioner in respect of a shed that was constructed in the property without obtaining a prior building permit from the respondent Panchayat. It is the case of the petitioner that the application was not entertained by the respondent Panchayat, inter alia on the ground that the land on which the shed was constructed was classified as 'Nilam' in the revenue records. The petitioner is also stated to have filed Ext.P6 application before the 3rd respondent seeking permission to convert the user of the land in terms of Clause 6(2) of the Kerala Land Utilisation Order [hereinafter referred to as the 'KLU Order'].
2. When the matter came up for admission, this Court had called for the report from the Agricultural Officer as regards the W.P.(C).No.29234/2017 2 nature and lie of the land belonging to the petitioner. A report has since been filed by the Agricultural Officer, which would indicate that the land belonging to the petitioner is not included in the Land Data Bank prepared for the region. Taking note of the said report of the Agricultural Officer, and finding that the petitioner has already approached the 3rd respondent through Ext.P6 application for permission to convert the user of the land, I dispose the writ petition,
(i) by declaring that the land of the petitioner situated in Sy.No.33/3 of Kallur Village in Mukundapuram Taluk, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the 2008 Act.
(ii) The 2nd respondent is directed to exclude the said land of the petitioner from the Land Data Bank. If the data bank is at the draft stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised, and notified through publication in the Gazette, then the 2 nd respondent shall issue a corrigendum notification showing the exclusion of the land from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the 2nd respondent shall, after excluding the land from the data bank, issue a certificate to the petitioner within a week from the date of receipt of a copy of this judgment, certifying that the land in question has been excluded from the data bank. The petitioner can utilise the said certificate from the 2nd respondent for approaching the 3 rd W.P.(C).No.29234/2017 3 respondent Revenue Divisional Officer, before whom the petitioner has already preferred Ext.P6 application under Clause 6 of the KLU Order for getting permission to utilise the land for other purposes. The 3rd respondent shall consider Ext.P6 application, on the basis of the certificate issued by the 2nd respondent, and pass orders thereon, within a period of six weeks from the date of receipt of the order from the petitioner, after hearing the petitioner.
(iii) The 1st respondent Panchayat shall, on the petitioner producing the certificate issued by the 2 nd respondent LLMC, as also the order passed by the 3 rd respondent under the KLU Order, consider the application submitted by the petitioner for regularisation, on merits, in the light of the said certificate and de hors the description of the property in the Basic Tax Register. The 1st respondent Panchayat shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the 3rd respondent under the KLU Order.
(iv) The petitioner shall, on receipt of the certificate from the LLMC, and the order permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.
A.K.JAYASANKARAN NAMBIAR JUDGE prp/3/2/18