DEW HOMES REPRESENTED BY ITS MANAGING PARTNER P.C KORATH Vs. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001 AND OTHERS

JUDGEMENT

(1.) The petitioner is stated to be in ownership and possession of a total extent of 9.40 Ares of property comprising of 8.45 Ares in Re-Sy.No.268/7 and 0.95 Ares in Sy.No.274/4 in Block No.9 of Chengamanadu village. The petitioner had obtained a building permit in the year 2010, for the purposes of putting up a residential building in the said premises. The building permit, although initially granted in 2010, was subsequently renewed with effect from 15.10.2013 for a further period of three years. Thereafter, when the petitioner approached the respondent Panchayat, for a further renewal of the building permit for three years from 2016, the said request was rejected by Ext.P9 order dated 01.10.2016, on the ground that, Ext.P5 order of the Revenue Divisional Officer, which appears to be one that is passed in terms of Clause 6 of the Kerala Land Utilisation (KLU) order, did not specifically indicate that it was passed in terms of the KLU order. In the writ petition, the petitioner impugns Ext.P9 order.

(2.) I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Panchayat and also the learned Government Pleader on behalf of the official respondents.

(3.) I note from the memo submitted by the learned Government Pleader that a report has been filed by the Convenor of the Local Level Monitoring Committee (LLMC), which has since been clarified by the learned Government Pleader, on instructions, to mean that the land in question, although not liable to be included in the land data bank on account of the fact that it was a converted land prior to 2007, has, as a matter of fact, been included in the Land Data Bank as wetland. It is also brought to my notice by the learned Government Pleader that the Land Data Bank has since been notified as such, and in the notified Land Data Bank, the land belonging to the petitioner is seen described as 'wetland'.