Kerala High Court
Jacob George vs State Of Kerala on 14 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
THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939
WP(C).No. 31173 of 2016 (V)
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PETITIONER(S) :
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JACOB GEORGE,
AGED 41 YEARS, S/O. GEORGE, KAIPPALLYIL,
PODIYATTUVILA, PUNALUR, KOLLAM, PIN - 691 532.
BY ADVS. SRI.M.K.CHANDRA MOHANDAS
SRI. S.SATHYANANDAN PILLAI
SRI.SHAKTHI PRAKASH
SRI.PRATHEEK VISWANATHAN
SMT.V.VIDJEALATCHOUMY
SRI.K.DHRUV KUMAR
SMT.R.BHAGYALAKSHMI
RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM-695 001.
2. THE LAND REVENUE COMMISSIONER (I/C),
PUBIC OFFICE BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM- 695 001.
3. THE DISTRICT COLLECTOR,
KOLLAM-691 001.
4. THE PRINCIPAL AGRICULTURAL OFFICER,
KOTTARAKKARA (CONVENOR, DISTRICT LEVEL AUTHORISED
COMMITTEE)-691 532.
5. AGRICULTURAL OFFICER,
KRISHI BHAVAN, UMMANNOOR, MELKULANGARA,
VAYAKAL P.O.,KOTTARAKKARA.
6. THE SECRETARY,
UMMANNOOR GRAMA PANCHAYAT,
VETTIKKAVALA P.O., KOTTARAKKARA, KOLLAM-691 538.
R5 BY GOVERNMENT PLEADER SRI. RENIL ANTO
R6 BY ADVS. SRI.K.SASIKUMAR
SRI.S.ARAVIND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06-04-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 31173 of 2016 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS :
P1 TRUE COPY OF THE SITE PLAN.
P2 TRUE COPY OF THE RECEIPT OF THE APPLICATION FOR
DEVELOPMENT PERMIT FOR BUILDING CONSTRUCTION
DATED 14/12/2015.
P3 TRUE COPY OF THE CERTIFICATE DATED 23/05/2016 ISSUED BY
THE 5TH RESPONDENT.
P4 TRUE COPY OF THE OLD BUNK.
P5 TRUE COPY OF THE MODIFIED BUNK.
P6 TRUE COPY OF THE JUDGMENT DATED 25.01.2017 IN
W.P(C).NO. 38639/2016.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R6(A): A TRUE COPY OF THE REPLY DATED 19.12.2015 ISSUED BY
THE 6TH RESPONDENT TO THE PETITIONER.
EXHIBIT R6(B): A TRUE COPY OF THE CIRCULAR DATED 19.04.2016 ISSUED
BY THE GOVERNMENT OF KERALA.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.31173 of 2016(V)
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Dated this the 6th day of April, 2017
JUDGMENT
The petitioner, who is stated to be in ownership and possession of 81 sq. meters of land in Sy.No.9/2 and 9/2/2 in Block No.25 re-survey No.106/9/2, 106/9/2/2 (old survey No.404/7) in Valakom village, Kottarakkara Taluk, Kollam District, is aggrieved by the inaction on the part of the respondent Panchayath in issuing a building number to the construction put up by him, inter alia on the ground that the land on which the building was constructed , 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 5th respondent, in his capacity as 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 5th respondent, which shows that the lands in Re.Sy.No.106/9 (old survey No.404/7) in Block No.35 of Valakam village were included in the data bank as lands that were filled more than 15 years, prior to the preparation of the data bank. The report of the LLMC also indicates that the W.P.(c).No.31173 of 2016 : 2 : land belonging to the petitioner was not included in the data bank at all.
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:
W.P.(c).No.31173 of 2016 : 3 :
(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 authorities 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 6th respondent Panchayath 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 submitted by the petitioner for building number afresh, in the light of the said certificate and order, and de hors the description of the property in the Basic Tax Register. The 6th respondent shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the authorities under the KLU Order.
(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 W.P.(c).No.31173 of 2016 : 4 : 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 sm/