Kerala High Court
Priya Sasidharan vs State Of Kerala on 28 December, 2015
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
MONDAY, THE 27TH DAY OF FEBRUARY 2017/78TH PHALGUNA, 1938
WP(C).No. 38913 of 2016 (L)
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PETITIONER(S):
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PRIYA SASIDHARAN,
AGED 31, D/O. SASIDHARAN,
VALIYAVEETIL HOUSE,
NOOLELI, ASSAMANNOOR VILLAGE,
ASSMANNOOR P.O - 683 549.
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR)
SRI.GEORGE VARGHESE KIZHAKKAMBALAM
SRI.N.RAJESH
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE
PRINCIPAL SECRETARY TO
GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE ASSAMANNOOR GRAMA PANCHAYATH,
ASSMANNOOR P.O- 683 549,
ERNAKULAM, REPRESENTED BY ITS SECRETARY.
3. THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA-686661.
4. PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE PRINCIPAL
AGRICULUTRAL OFFICE,
CIVIL STATION, KAKKANAD-682030.
R2 BY ADV. SRI.N.K.KARNIS
R5 BY ADV. GOVERNMENT PLEADER, SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 38913 of 2016 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE SALE DEED NO. 2808 DATED 28/12/2015 OF
KURUPPAMPADY, SRO
P2 TRUE COPY OF THE LETTER NO.C4-6092/2016 DATED 27/09/2016 ISSUED
BY 2ND RESPONDENT TO THE PETITIONER
P3 TRUE COPY OF THE LETTER NO. C4-6092/2016 DATED 01/10/2016
ISSUED BY 2ND RESPONDENT TO THE PETITIONER
P4 TRUE COPY OF THE PHOTOGRAPHS (3 IN NOS) SHOWING THE LIE AND
NATURE OF EXHIBIT-P1 PROPERTY
P5 TRUE COPY OF THE NOTICE NO. C2-6419/2015 DATED 10/11/2016
ISSUED BY 2ND RESPONDENT TO THE PETITIONER
P6 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK RELATING TO
EXHIBIT-P1 PROPERTY
P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE
4TH RESPONDENT ON 30/11/2016 UNDER THE R.T ACT
P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 18/11/2016
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
das
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C). No. 38913 of 2016 (L)
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Dated this the 27th day of February, 2017
JUDGMENT
The petitioner is the owner in possession of 2.93 Ares of land in Re-Survey No.311/4/2 of Block No.14 of Assamannoor Village, Kunnathunadu Taluk. The petitioner is aggrieved by Ext.P5 order, whereby an application for building permit was rejected by the respondent Panchayat, on the ground that the property on which the construction was proposed was described as 'Nilam' in the revenue records.
2. When the writ petition came up for admission, this Court called for a report from the 4th respondent, who is the Convener 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 23.12.2016, has since been filed by the 4th respondent, which shows that the property in question is not included 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]; -2- W.P.(C). No. 38913 of 2016 (L) 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 4th respondent is the Convener, shall forthwith and, at any rate, within 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 appropriate authority under the KLU Order, for the necessary permission, -3- W.P.(C). No. 38913 of 2016 (L) for utilising the land for other uses. On receipt of such an application, the appropriate authority 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 4th respondent Agricultural Officer.
(iii) The 2nd respondent Panchayat shall, on the petitioner producing the certificate issued by the LLMC, as also the order passed by the appropriate authority 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 2nd respondent shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the appropriate authority under the KLU Order. To enable the 2nd respondent to do so, I quash Ext.P5 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 das/ 27.2.2017