Kerala High Court
Salim M vs State Of Kerala on 4 April, 2017
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
TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939
WP(C).No. 7953 of 2017 (T)
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PETITIONER(S):
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1. SALIM M.,
CHAKKECHIL HOUSE, MANNAR P.O.,
KURITTISSERY, ALAPPUZHA DISTRICT.
2. SHEEJA,
CHAKKECHIL HOUSE, MANNAR P.O.,
KURITTISSERY, ALAPPUZHA DISTRICT.
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR).
RESPONDENT(S):
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1. STATE OF KERALA,
REP. BY SECRETARYTO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT OF KERALA, GOVT.SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. SECRETARYTO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVT.SECRETARIAT,THIRUVANANTHAPURAM- 695 001.
3. DIRECTOR OF PANCHAYATH,
PANCHAYATH DIRECTORATE, PUBLIC OFFICE BUILDING,
MUSEUM P.O., THIRUVANANTHAPURAM -695 001.
4. DEPUTY DIRECTOR OF PANCHAYATH,
OFFICE OF THE DEPUTY DIRECTOR,
ALAPPUZHA- 688 001.
5. MANNAR GRAMA PANCHAYATH,
REP. BY ITS SECRETARY, MANNAR GRAMA PANCHAYATH,
MANNAR P.O., PIN-689 622.
WP(C).No. 7953 of 2017 (T)
6. REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CHENGANNUR -689 174.
7. LOCAL LEVEL MONITORING COMMITTEE,
REP. BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, MANNAR -689 622.
R1 TO R4, R6 & R7 BY GOVT. PLEADER SRI.RAVIKRISHNAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 7953 of 2017 (T)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF THE TAX RECEIPTS SHOWING THE DETAILS OF
THE PROPERTY.
EXT.P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 7TH RESPONDENT.
EXT.P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.7953 of 2017(T)
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Dated this the 4th day of April, 2017
JUDGMENT
The petitioners, who are husband and wife, are stated to be in ownership of 12.5 Cents of land in Re.Sy.No.236/5 of Mannar Village in Chengannur Taluk. . It is the case of the petitioners in the writ petition that, Ext.P3 application for building permit, submitted by the petitioners before the 5th respondent, has not been considered by the said respondent till date, on the ground that the land in question was described as 'Nilam' in the revenue records.
2. The learned Government Pleader, on instructions, would submit that the land belonging to the petitioners is not included in the land data bank prepared for the region.
3. Taking note of the said submission of the learned Government Pleader, on instructions, 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 W.P.(c).No.7953 of 2017 : 2 : 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 7th respondent Local Level Monitoring Committee, 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 W.P.(c).No.7953 of 2017 : 3 : the date of receipt of the application, after consulting the Agricultural Officer.
(iii) The 5th respondent Panchayat 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 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 5th 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 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/