MEERSHA MUHAMMED S/O MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is concerned with 16 cents of landed property in Re-survey No.34/1 (old Sy. No.133/3) of Thalakulathoor Amsam Desam of Thalakulathoor Village.

(2.) The petitioner approached the 4 th respondent for constructing a residential building along with the building plan and possession certificate issued by the 3 rd respondent, which was declined by Ext.P3. The refusal to consider was on the ground that in the village records the property is classified as "Nilam" as is evidenced from Ext.P2 possession certificate. The petitioner approached this Court contending that the land is garden land and even in the data bank, the land is described as garden land.

(3.) By an order dated 31.10.2016, this Court directed the 3 rd respondent to file a report after conducting an inspection of the subject land with respect to the lie and nature of the property . The learned Government Pleader produced the report of the LLMC along with a memo dated 31.03.2017 in which it is stated so: