Kerala High Court
Sulekha Khader vs The Kuzhimanna Grama Panchayath on 30 April, 2015
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 30TH DAY OF AUGUST 2017/8TH BHADRA, 1939
WP(C).No. 28781 of 2017 (W)
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PETITIONER(S):
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SULEKHA KHADER,
W/O. LATE ABDUL KHADER, A2,
PENTIUM MANOR APARTMENTS,
KARAT ROAD, NADAKKAVU,
KOZHIKODE-673 011.
BY ADVS.SRI.RILGIN V.GEORGE,
SMT.M.LISHA.
RESPONDENT(S):
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1. THE KUZHIMANNA GRAMA PANCHAYATH,
KUZHIMANNA P.O., KONDOTTY TALUK,
MALAPPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN-673 641.
2. THE VILLAGE OFFICER,
KUZHIMANNA P.O., KONDOTTY TALUK,
MALAPPURAM DISTRICT-673 641.
3. THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KUZHIMANNA,
MALAPPURAM DISTRICT-673 641.
4. THE DISTRICT COLLECTOR,
COLLECTORATE, MALAPPURAM DISTRICT-676 505.
R2 TO R4 BY GOVT. PLEADER SMT.VINEETHA HARIRAJ.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30-08-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 28781 of 2017 (W)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE BUILDING PERMIT DATED 30/04/2015 ISSUED BY
THE 1ST RESPONDENT.
EXT.P2 COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE
PETITIONER BY THE VILLAGE OFFICER, KUZHIMANNA VILLAGE
DATED 18/12/2014.
EXT.P3 COPY OF THE STOP MEMO ISSUED TO THE PETITIONER BY
THE 2ND RESPONDENT DATED 14/08/2017.
EXT.P4 COPY OF THE APPLICATION DATED 22/08/2017 SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P5 COPY OF THE APPLICATION DATED 23/08/2017 SUBMITTED BY
THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.28781 of 2017- W =========================== Dated this the 30th day of August, 2017 Judgment The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 11.341 cents in R.S No.81/10 in Block No.34 of Kuzhimanna Village, Kondotty Taluk of Malappuram District, is shown as 'dry land' in the revenue records. The said property of the petitioner is said to be included in the data bank prepared under Section 5 (4)(1) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act') as 'nilam'. The petitioner filed Ext.P4 application, before the 3rd respondent, for removal of entry in respect of their properties from the draft data bank and Ext.P5; an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order") before the 4th respondent for conversion of use of land, which are pending consideration. The prayer of the W.P.(C)No.28781/2017 2 petitioner is to direct the 3rd and 4th respondents herein, to consider and dispose of Exts.P4 and P5 applications respectively, within a reasonable time.
2. In such circumstance, since, the petitioner in the aforesaid writ petition seeks a direction to the 3rd respondent to delete the property of the petitioner from the data bank and declare that the property of the petitioner is not liable to be included in the data bank. Such a relief can be appropriately sought before the Local Level Monitoring Committee as per the amendment brought to the Paddy Land Act by the amended Rule 4(6) of the Kerala Paddy Land and Wetland Rules, 2008. Hence the 3rd respondent is directed to consider the request under the amendment G.O.(P) No.34/2017/Revenue dated 30.05.2017 for removing the property from the data bank after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Paddy Land Act and with report received from the Kerala State Remote Sensing and Environment Center (KSREC), if the application is filed in original and pending before W.P.(C)No.28781/2017 3 the authority.
3. Since the land is included in the draft data bank and the description is shown as 'dry land' in the revenue records, it is only proper that a report is received from the Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) before consideration of Ext.P5 application by the 4th respondent, if the same is filed in original and pending before the authority.
4. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer, shall seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, C-Block, W.P.(C)No.28781/2017 4 Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioners, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the property and then the LLMC shall consider the application at Ext.P4 in accordance with law. If the LLMC permits it, the 4th respondent shall consider Ext.P5 application to obtain conversion of user under Clause (6) of the Kerala Land Utilization Order, 1967 and also in accordance with M.K.Shivadasan v. Revenue Divisional Officer [2017 (3) KLT 822]. The petitioner could also seek change of categorisation before the land tax authorities and seek fresh assessment of the land as 'garden land', as has been declared in Kizhakkambalam W.P.(C)No.28781/2017 5 Grama Panchayath V. Mariumma - 2015(2) KLT 516.
The writ petition is disposed of as above. No costs.
Sd/-
K . VINOD CHANDRAN, JUDGE SB/30/08/2017 // true copy // P.A to Judge