Kerala High Court
Chandhu Mohanan vs The Secretary Vakathanam Grama ... on 2 December, 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
MONDAY, THE 27TH DAY OF FEBRUARY 2017/78TH PHALGUNA, 1938
WP(C).No. 36733 of 2016 (N)
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PETITIONER(S)/PETITIONER:
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CHANDHU MOHANAN
AGED 21 YEARS, S/O.MOHANAN, PUTHUPARAMBIL HOUSE,
THOTTAKKAD, ERAVUCHIRA PO,
KOTTAYAM DISTRICT, PIN-685539.
BY ADVS.SRI.ZUBAIR PULIKKOOL
SRI.P.S.BINU
RESPONDENT(S)/RESPONDENTS:
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1. THE SECRETARY VAKATHANAM GRAMA PANCHAYATH
KOTTAYAM DISTRICT, PIN-686538.
2. THE DISTRICT COLLECTOR,
KOTTAYAM DISTRICT, PIN 686002.
3. VAKATHANAM PANCHAYATH LOCAL LEVEL
MONITORING COMMITTEE , REPRESENTED BY
THE KRISHI OFFICER, VAKATHANAM, PIN-686538.
(3RD RESPONDENT IS DELETED AS PER ORDER DATED 02.12.2016)
ADDL.R4 LOCAL LEVEL MONITORING COMMITTEE
REP. BY ITS CHAIRMAN, VAKATHANAM GRAMA PANCHAYAT
VAKATHANAM, KOTTAYAM DISTRICT - PIN 686 538
(IS IMPLEADED AS PER ORDER DATED 02.12.2016
IN IA No.19740 OF 2016)
R1 BY ADV. SRI.BECHU KURIAN THOMAS (SR.)
R1 BY ADV. SRI.RONY JOSE
R3 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. 36733 of 2016 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE REGISTERED SALE DEED BEARING NO 627/2014
OF SRO PUTHUPALLY.
EXHIBIT P2 COPY OF POSSESSION CERTIFICATE ISSUED BY THOTTAKKAD
VILLAGE OFFICER TO THE PETITIONER
EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE
PETITIONER.
EXHIBIT P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.
EXHIBIT P5 COPIES OF PHOTOGRAPHS (2 IN NUMBER)
EXHIBIT P6 COPY OF THE CERTIFICATE DT 18/10/2016 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER.
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. 36733 of 2016 (N)
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Dated this the 27th day of February, 2017
JUDGMENT
The petitioner is the owner in possession of 03.85 Ares of land in Re-Survey No.151/11 and Re-Survey No.156/3 of Thottakkad Village, Kottayam District. The petitioner is aggrieved by Ext.P3 order, by which 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 Additional 4th respondent, 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 has since been filed by the Additional 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. 36733 of 2016(N) 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 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. 36733 of 2016(N) 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 additional 4th respondent 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 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 1st 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 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 assessment and consequential change in classification of the land in the Basic Tax Register.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE das/ 27.2.2017