Kerala High Court
Vinoda Krishnan vs The Malappuram Municipality on 16 November, 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
TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938
WP(C).No. 10557 of 2016 (T)
----------------------------
PETITIONER(S):
-------------
VINODA KRISHNAN, S/O.SANKARAN,
NECHIKKADAN HOUSE, KORANGODU,
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.ABDUL JAWAD
SRI.MATHEW A KUZHALANADAN
SMT.V.K.ANJU
RESPONDENT(S):
--------------
1. THE MALAPPURAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MALAPPURAM - 676 505.
2. THE SECRETARY,
MALAPPURAM MUNICIPALITY, MALAPPURAM - 676 505.
Addl. 3. LOCAL LEVEL MONITORING COMMITTEE,
(THE LLMC FOR SHORT), FOR MALAPPURAM MUNICIPALITY,
REPRESENTED BY AGRICULTURAL FIELD OFFICER,
MALAPPURAM, PIN-676505.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 16.11.2016
IN IA 18659 OF 2016)
R3 BY ADV. GOVERNMENT PLEADER, SRI. MANU RAJ
R BY SRI.E.S.M.KABEER,SC,MALAPPURAM MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 10557 of 2016 (T)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXT.P1: TRUE COPY OF THE ORDER DATED 3/3/2016 ISSUED BY THE 2ND
RESPONDENT.
EXT.P2: TRUE COPY OF THE PURCHASE CERTIFICATE NO.3481/76, DATED
18/12/1976.
EXT.P3: TRUE COPY OF THE PARTITION DEED NO.167/2016 OF MALAPPURAM SUB
REGISTRY.
EXT.P4: TRUE PHOTOGRAPHS, SHOWING THE LIE AND NATURE OF THE
PETITIONER'S LAND.
EXT.P5: TRUE COPY OF THE RELEVANT PAGE OF THE DATE BANK.
RESPONDENT(S)' EXHIBITS
------------------------- NIL
// True copy //
PA to Judge
das
A.K.JAYASANKARAN NAMBIAR, J.
===========================================
W.P.(C). No. 10557 of 2016
=====================================================
Dated this the 14th day of February, 2017
JUDGMENT
The petitioner, who is stated to be the owner in possession of 3.32 Ares of land in Survey No.642 of Malappuram Village, Eranadu Taluk, in Malappuram District, has approached this Court aggrieved by Ext.P1 order, by which his application for building permit was rejected by the respondent Municipality on the ground that the land was described as 'Nilam' in the revenue records.
When the writ petition came up for admission, this Court called for a report from the Agricultural Officer, 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. By a report dated 30.11.2016, that has since been filed by the Agricultural Officer, it is indicated that the land belonging to the petitioner is not included in the Land Data Bank and further is not land that is suitable for paddy cultivation.
Taking note of the said report, and the judgments of this Court and the Supreme Court in Adani Infrastructure & -2- W.P.(C). No. 10557 of 2016 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 additional 3rd 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 -3- W.P.(C). No. 10557 of 2016 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 Municipality 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 1st 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 . To enable the 1st respondent to do so, I quash Ext.P1 order of the 2nd 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/ 14.2.2017 -4- W.P.(C). No. 10557 of 2016