PARAMESWARAN Vs. DISTRICT COLLECTOR
HIGH COURT OF KERALA
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P.B.SURESH KUMAR,J. -
(1.) The properties of the petitioners referred to in the writ petitions were though paddy fields originally, it is stated that the same have been converted as garden lands prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). The case of the petitioners in the writ petitions is that since their properties are described as paddy land in the revenue records, they are unable to make use of the same for other purposes including construction of buildings. It is alleged in some of the writ petitions that the applications preferred by the petitioners therein for building permits are not being considered for the aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. In most of the writ petitions, the specific case of the petitioners is that their properties are shown as converted prior to the coming into force of the Act in the Data Banks prepared under the Act. In the remaining writ petitions, the case of the petitioners is that their properties are not shown as paddy land in the Data Banks. The petitioners, therefore, preferred applications before the competent authority under the Kerala Land Utilization Order, 1967 seeking permission to use the properties for other purposes including construction of buildings. The applications preferred by the petitioners in this connection are part of the records. The petitioners seek directions in these writ petitions to the competent authority under the Kerala Land Utilisation Order to grant permission sought for by them to make use of the properties for other purposes. In some of the writ petitions, the petitioners seek orders for correction of the entry relating to their properties in the revenue records also. Some of the petitioners, among others, seek directions to the local authorities concerned to grant building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them.
(2.) Heard the learned counsel for the petitioners as also the learned Government Pleader.
(3.) The learned Government Pleader submits that there are mistakes in the draft and final Data Banks published under the Act and by virtue of the provisions contained in the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017, the Local Level Monitoring Committees are authorised to carry out appropriate corrections in the Data Banks. According to the learned Government Pleader, before granting the permission sought for by the petitioners, it has to be ensured that the properties involved in these matters are not properties which are liable to be included in the Data Banks.;
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