Kerala High Court
Raji C vs Kozhikode Municipal Corporation on 19 October, 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
THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939
WP(C).No. 20932 of 2016 (N)
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PETITIONER(S):
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1. RAJI C.
AGED 45 YEARS, W/O. C. VELAYUDHAN,
VIPANCHIKA,
CHINMAYA MISSION SCHOOL ROAD,
NELLIKODE P.O., CALICUT - 673 016.
2. P. PADMANABHAN,
AGED 56 YEARS, S/O. KUMARAN,
VIPANCHIKA,
CHINMAYA MISSION SCHOOL ROAD,
NELLIKODE P.O., CALICUT - 673 016.
BY ADV. SRI.V.N.HARIDAS
RESPONDENT(S):
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1. KOZHIKODE MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,
BEACH ROAD, KOZHIKODE.
2. SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION,
BEACH ROAD, KOZHIKODE.
3. THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER
(AGRICULTURAL FIELD OFFICER),
PUTHIYARA, KOZHIKODE.
R1& R2 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION
R3 BY ADV. GOVERNMENT PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 20932 of 2016 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE TAX RECEIPT DATED 19/10/2015 ISSUED
BY THE VILLAGE OFFICER, NELLIKODE
P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
21/10/2015 ISSUED BY THE VILLAGE OFFICER, NELLIKODE
P3 TRUE COPY OF THE ORDER DATED 21/04/2016 ISSUED BY THE
2ND RESPONDENT
P4 TRUE COPY OF THE REPLY DATED 13/06/2016 GIVEN BY THE
AGRICULTURAL OFFICER, PUTHIYARA
P5 TRUE COPY OF THE JUDGMENT DATED 08/04/2016 IN W.P(C)
14323/2016
P6 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S
PROPERTY
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
P.S. TO JUDGE
EL
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).No.20932 of 2016
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Dated this the 6th day of April, 2017
J U D G M E N T
The petitioners, who are stated to be in ownership and possession of 5.818 Ares of land in Re.Sy.No.148/1 of Nellikode village, Kozhikode Corporation, are aggrieved by Ext.P3 order of the respondent Corporation that rejects an application preferred by them for building permit on various grounds including that the land, on which the building was proposed to be constructed, was shown as `Nilam' in the revenue records.
2. When the matter came up for admission, this Court called for a report from the Local Level Monitoring committee (LLMC, with regard to the lie and nature of the property and specifying whether it was included in the draft/notified data bank. A report dated 28.01.2017 has since been filed by the LLMC, which indicates that the land belonging to the petitioners are not in the nature of paddy land or wetland prepared for the region. -2- W.P.(C).No.20932 of 2016
Taking note of the said submission and finding that, the land is not included in the land data bank prepared for the region, 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 -3- W.P.(C).No.20932 of 2016 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 Corporation shall, on the petitioner producing the certificate issued by the LLMC, as also the order passed by the authorities under the KLU order, consider the application for building permit by treating the land as not paddy land or wetland on the basis of the certificates and the KLU order received by the petitioners, 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 Corporation shall -4- W.P.(C).No.20932 of 2016 pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the authorities under the KLU order.
To enable the respondent Corporation to do so, I quash Ext.P3 order to the extent it observes that the land belonging to the petitioner is shown as `Nilam' in the revenue records. The respondent Corporation can consider the application for building permit and against all the other objections which are noted in Ext.P3 and pass an order within a period of three weeks from the date of receipt of the documents from the petitioner.
(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 -5- W.P.(C).No.20932 of 2016