Kerala High Court
Thajudeen S vs The Pathiyoor Grama Panchayat
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
FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938
WP(C).No. 2065 of 2017 (G)
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PETITIONER(S):
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THAJUDEEN S
AGED 42 YEARS, S/O. SHARAFUDEEN.
RESIDING AT MUKKIL PUTHEN VEEDU, ERUVA MURI, PATHIYOOR
VILLAGE, KAYAMKULAM,
REPRESENTED BY BROTHER AND POWER OF ATTORNEY SADIQUE S.,
AGED 37 YEARS,
S/O. SHARAFUDEEN,
RESIDING AT MUKKILPUTHEN VEEDU, ERUVA MURI, PATHIYOOR
VILLAGE, KAYAMKULAM PIN-690 564.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SRI.R.SREEDHARAN NAIR
SMT.SABINA JAYAN
SRI.SHERINE JOSEPH
RESPONDENT(S):
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1. THE PATHIYOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
PATHIYOOR, KAYAMKULAM PIN-690 508.
2. THE SECRETARY
PATHIYOOR GRAMA PANCHAYAT,
PATHIYOOR, KAYAMKULAM PIN-690 508.
3. THE DISTRICT COLLECTOR
ALAPPUZHA - 688 001
4. THE VILLAGE OFFICER
PATHIYOOR VILLAGE KAYAMKULAM 690 508.
5. SUDHAKARAN
VILLAGE OFFICER,
PATHIYOOR (UNDER ORDERS OF TRANSFER),
C/O. THE DISTRICT COLLECTOR,
ALAPUZHA-688 001.
ADDL.R6: THE LOCAL LEVEL MONITORING COMMMITTEE,
U/SEC.5 OF THE PRESERVATIONS OF PADDY AND
WETLAND ACT, PATHIYOOR VILLAGE, REPRESENTED BY ITS
CHAIRMAN, PRESIDENT PATHIYOOR GRAMA PANCHAYAT.
(IS IMPLEADED AS PER ORDER DATED 23.01.2017 IN I.A.NO.1191/2017)
R5 BY ADV. SRI.B.RENJITHKUMAR
R1 & 2 BY ADV. SMT.S.L.SYLAJA
R BY GOVERNMENT PLEADER SRI.MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2065 of 2017 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 19.7.2016.
EXHIBIT P2 TRUE COPY OF HE BUILDING PERMIT DATED 4.10.2016 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE INSPECTION REPORT DATED 29.9.2016.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.12.2016 ADDRESSED TO THE
2ND RESPONDENT BY THE 5TH RESPONDENT).
EXHIBIT P5 PHOTO COPY OF THE RELEVANT EXTRACT OF THE BTR ENTRY.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.P4.9154/2016 DATED 22.12.2016
OF THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 3.1.2017 SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1.8.2016.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P..A. TO JUDGE
sm
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.2065 of 2017
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Dated this the 3rd day of March, 2017
JUDGMENT
The petitioner is stated to be in ownership and possession of 10 cents of land in Re.Sy.No.463/11C of Pathiyoor Village. In the writ petition, the petitioner is aggrieved by Ext.P6 order, by which a building permit, that was earlier issued to the petitioner, stood cancelled by the respondent Panchayath, on the ground that, the possession certificate in respect of the property had indicated that the land was erroneously described as 'IaxO_?"' therein, and enquiries by the revenue authorities had suggested that the land is classifiable as paddy land.
2. When the writ petition came up for admission, this Court called for a report from the additional 6th respondent Local Level Monitoring Committee(LLMC), with regard to the lie and nature of the property and specifying whether the property in question was included in the draft/notified data bank. A report dated 22.02.2017 has since been filed by the additional 6th respondent, which shows that the petitioner's land is not included in the data bank of W.P.(c).No.2065 of 2017 : 2 : Pathiyoor Panchayat, and further, that the land does not have any building or trees and does not form a part of a padasekharam. It is also suggested that the land does not have to be included as paddy land or wetland in the land data bank prepared for the region.
Taking note of the said report, and the judgments of this Court and the Supreme Court in Adani Infrastructure & Developers Pvt. Ltd. v. State of Kerala - [2015 (1) KLT 651]; Local Level Monitoring Committee under Kerala Conservation of Paddy Land and WetLand Act, 2008 v. Ali Akbar - [2015 (1) KLT 906]; Revenue Divisional Officer, Fort Kochi and Others v. Jalaja Dileep and Another - [2015 (2) KHC 109] and Local Level Monitoring Committee Constituted under Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 in Kizhakkambalam Grama Panchayat v. Mariumma - [2015 (2) KLT 516], by which, it is now settled that it is only if the property is included in the land data bank, and is described as 'Nilam' in the Basic Tax Register, that the provisions of the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the '2008 Act'], will apply, and otherwise it is the Kerala Land Utilization Order, 1967 [hereinafter referred to as the 'KLU Order'] that will regulate the conversion of lands, the writ petition is disposed with the following directions:
(i) The LLMC shall forthwith and, at any rate, within W.P.(c).No.2065 of 2017 : 3 : one week from the date of receipt of a copy of this judgment, issue a certificate to the petitioner, stating that the land in question is not included in the Land Data Bank,.
(ii) On receipt of the certificate from the LLMC, the petitioner may approach the Authorities under the KLU Order, for the necessary permission, for utilising the land for other uses. On receipt of such an application, the Authorities under the KLU Order shall consider and pass orders on the said application, within a period of one month from the date of receipt of the application, after consulting the Agricultural Officer.
(iii) The 1st respondent Panchayat shall, on the petitioner producing the certificate issued by the LLMC, as also the order passed by the authorities under the KLU Order, permit the petitioner to construct the building, in accordance with Ext.P2 building permit, that was already granted to him. To enable the 1st respondent to do so, I quash Ext.P6 order of the 2nd respondent.
(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.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/