Kerala High Court
Thomas vs Devikulangara Grama Panchayat on 17 February, 2016
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 10TH DAY OF MARCH 2017/19TH PHALGUNA, 1938
WP(C).No. 38909 of 2016 (K)
----------------------------
PETITIONER:
----------
THOMAS,
AGED 53 YEARS, S/O CHERIYAN, KOLLANTHARAYIL,
PRAYAR P.O., ALAPPUZHA-690547.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENT(S):
--------------
1. DEVIKULANGARA GRAMA PANCHAYAT,
PUTHUPPALLY P.O., KAYAMKULAM, ALAPPUZHA-690527,
REPRESENTED BY ITS SECRETARY.
2. LOCAL LEVEL MONITORING COMMITTEE (LLMC),
DEVIKULANGARA GRAMA PANCHAYAT, REPRESENTED BY
ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI
BHAVAN, DEVIKULANGARA, PUTHUPPALLY P.O.,
KAYAMKULAM, ALAPPUZHA-690527.
3. CHAIRMAN,
LOCAL LEVEL MONITORING COMMITTEE (LLMC),
DEVIKULANGARA GRAMA PANCHAYAT, PUTHUPPALLY P.O.,
KAYAMKULAM, ALAPPUZHA-690527.
R1 BY ADVS. SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
R2,R3 BY GOVERNMENT PLEADER SRI MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 38909 of 2016 (K)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1: THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.303 OF
2016 OF KAYAMKULAM SUB REGISTRAR OFFICE,
DATED 17.2.2016.
EXHIBIT P2: THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY
THE AGRICULTURAL OFFICER, PUTHUPPALLY,
DATED 3.11.2016.
EXHIBIT P3: THE TRUE PHOTOSTAT COPY OF THE ORDER ISSUED BY THE IST
RESPONDENT, DATED 1.12.2016.
RESPONDENT(S)' EXHIBITS NIL
-----------------------
/TRUE COPY/
P.A.TO JUDGE
K.V.
A.K.JAYASANKARAN NAMBIAR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No.38909 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 10th day of March, 2017
JUDGMENT
The petitioner, who is stated to be in the ownership and possession of 4.05 Ares of property in Re.Survey No.666/2-2 of Puthuppally village, has approached this Court aggrieved by Ext.P3 order of the 1st respondent Grama Panchayat, whereby an application for building permit was rejected by the 1st respondent, stating that the land on which the building was proposed to be constructed was shown as 'Nilam' in the revenue records. In the writ petition, the petitioner impugns Ext.P3 order, and seeks a direction to the 1st respondent to consider his application afresh, taking note of the actual nature of the land.
2. When the writ petition came up for admission, this Court called for a report from the 3rd respondent, who is the Chairman of the 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 13.01.2017 has since been filed by the 3rd respondent, which indicates that the land belonging to the petitioner is not included in W.P.(c).No. 38909 of 2016 : 2 : 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, of which the 3rd respondent is the Chairman, shall forthwith and, at any rate, within one W.P.(c).No. 38909 of 2016 : 3 : 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 Aurthorities under the Kerala Land Utilisation order (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 the Authorities under the KLU Order, consider the application submitted by the petitioner for building permit, afresh, in the light of the said certificate and order, and de hors the description of the property in the Basic Tax Register. The 1st respondent shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the the Authorities under the KLU Order. To enable the 1st respondent to do so, I quash Ext.P3 order of the 1st 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 W.P.(c).No. 38909 of 2016 : 4 : assessment and consequential change in classification of the land in the Basic Tax Register.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/