Kerala High Court
Geetha Nair vs Kodumba Grama Panchayath
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
THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939
WP(C).No. 625 of 2017 (C)
--------------------------
PETITIONER(S):
-------------
GEETHA NAIR,
W/O. LATE V. RAMAN NAIR, AGED 62 YEARS,
"VIJAYASREE", MANAPPULLIKAVU, KUNNATHURMEDU, PALAKKAD
REP. BY POWER OF ATTORNEY NARENDRAN K,
S/O. LATE KRISHNAN NAIR, 12/598,
"BRINDAVAN", KOPPAM, PALAKKAD DISTRICT.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S):
--------------
1. KODUMBA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KODUMBA,
CHITTUR TALUK, PALAKKAD 678 551
2. THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED
UNDER THE KERALA CONSERVATION OF PADDY AND WETLAND
ACT FOR KODUMBA PANCHAYATH
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KODUMBA, PIN - 678 551.
3. THE VILLAGE OFFICER
KODUMBA, PALAKKAD 678 551
R2-R3 BY GOVERNMENT PLEADER SRI.RENIL ANTO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SKG
WP(C).No. 625 of 2017 (C)
--------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE
RELATING TO THE PLOT ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGED OF THE
DATABANK FOR KODUMBU GRAMA PANCHAYAT PREPARED IN
TERMS OF S.5(4) (I) OF THE CONSERVATION OF PADDY
LAND AND WET LAND ACT.
EXHIBIT P3 A TRUE COPY OF THE BUILDING PERMIT DATED MAY 26,
2016 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE STOP MEMO DATED OCTOBER 19,
2016 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
RESPONDENT(S)' EXHIBITS
----------------------- NIL
/TRUE COPY/
P.S.TO JUDGE
SKG
A.K.JAYASANKARAN NAMBIAR, J.
.............................................................
W.P.(C).No.625 of 2017
.............................................................
Dated this the 6th day of April, 2017
J U D G M E N T
The petitioner, who is stated to be in ownership and possession of an extent of .0364 hectres of land in Block No.46 Resurvey No.158/1 of Kodumba village, has approached this Court aggrieved by Ext.P4 stop memo that was issued to him while he was constructing a residential building in the said property pursuant to a building permit that was obtained by him from the respondent Panchayat. The stop memo was issued on the allegation that the petitioner was constructing the building on land, which was shown as 'Nilam' in the revenue records.
2. When the writ petition came up for admission, this Court called for a report from the 2nd 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 has since been filed by the 2nd respondent, on 19.01.2017, it is -2- W.P.(C).No.625 of 2017 stated that the land belonging to the petitioner is not included in the 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 -3- W.P.(C).No.625 of 2017 regulate the conversion of lands, the writ petition is disposed with the following directions:
(i) The LLMC, of which the 2nd 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 authorities under the KLU order, for the necessary permission, under the KLU Order, 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, take note of the order for the purposes of permitting the petitioner to carry on the construction of the residential building, 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, -4- W.P.(C).No.625 of 2017 within a period of three weeks on the petitioner producing the order of the authorities under the KLU order. To enable the 1st respondent to do so, I quash Ext.P4 order of the 3rd 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 mns/06.04.17