YOUSUF, S/O.LATE AHAMMED @ KUNJAN AND OTHERS Vs. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD
LAWS(KER)-2017-3-289
HIGH COURT OF KERALA
Decided on March 17,2017

Yousuf, S/O.Late Ahammed @ Kunjan And Others Appellant
VERSUS
Palakkad Municipality, Represented By Its Secretary, Municipal Office, Palakkad Respondents

JUDGEMENT

A.K.JAYASANKARAN NAMBIAR,J. - (1.) The petitioners, who are stated to be in ownership and possession of 15.6 cents of land in Sy. No.3414/1 of Palakkad III Village, have approached this Court, aggrieved by Ext.P4 order, whereby, an application for building permit was rejected on the ground that the property 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, by an interim order dated 09.12.2016, directed the Agricultural Officer, who is the Convener of the Local Level Monitoring Committee [LLMC], to file a report after inspection of the property with regard to the lie and nature of the property, and specify whether it was included in the draft/notified data bank, and if so, the manner in which the property is described in the draft/notified data bank. A report dated 22.2.2017 has since been filed by the LLMC, a perusal of which, shows that the land belonging to the petitioners was 'converted land' prior to 2008, and, at present, there is no paddy cultivation in the property or in the surrounding property. The suggestion of the LLMC, in its report, is that the land in question cannot be included either as paddy land or wetland in the Land Data Bank that was prepared for the region. Taking note of the said report, I am of the view that the land in question cannot be included in the Land Data Bank, and hence, ought to be excluded from the Land Data Bank, that was prepared for the area in question. Accordingly, I dispose the writ petition, (i) by declaring that the property of the petitioners situated in Sy. No.3414/1 of Palakkad III Village, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the Kerala Conservation of Paddy Land and WetLand Act, 2008. (ii) The 4th respondent is directed to exclude the said land of the petitioners from the Land Data Bank. If the data bank is at the draft stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised, and notified through publication in Gazette, then the 4th respondent shall issue a corrigendum notification showing the exclusion of the land from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the 4th respondent shall, after excluding the land from the data bank, issue a certificate to the petitioners within a week from the date of receipt of a copy of this judgment, certifying that the land in question has been excluded from the data bank. The petitioners can utilise the said certificate for approaching the authorities under the Kerala Land Utilisation Order [hereinafter referred to as the 'KLU Order'] for getting permission to utilise the land for other purposes. (iii) The 2nd respondent Municipality shall, on the petitioners 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 petitioners 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 2nd respondent shall pass fresh orders, as directed, within a period of three weeks on the petitioners producing the order of the authorities under the KLU Order. To enable the 2nd respondent to do so, I quash Ext.P4 order of the 2nd respondent. (iv) The petitioners 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.;


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