IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

MONDAY, THE 10TH DAY OF APRIL 2017/20TH CHAITHRA, 1939

WP(C).No. 39443 of 2016 (E) ----------------------------

PETITIONER(S): -------------

PAULOCHAN ANTONY P., AGED 39 YEARS, S/O. ANTHONY @ P.P.ANTONY, PALATHINGAL HOUSE, KATTOOR P.O. - 680 702, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADV. SRI.NISHIN GEORGE VIJAYABABU

RESPONDENT(S):

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• 1. SECRETARY, KATTOR GRAMA PANCHAYATH, KATTOOR P.O. - 680 702, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
• 2. TAHASILDAR, MUKUNDAPURAM TALUK, P.O.IRINJALAKUDA - 680 701, THRISSUR DISTRICT.
• 3. VILLAGE OFFICER, KATTOOR VILLAGE, KATTOOR P.O - 680 702, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
• 4. AGRICULTURAL OFFICER, KRISHI BHAVAN, KATTOOR, KATTOOR P.O - 680 702.

*ADDL. 5TH RESPONDENT IMPLEADED

• 5. LOCAL LEVEL MONITORING COMMITTEE, KATTOOR, REPRESENTED BY ITS CONVENER, (4TH RESPONDENT HEREIN), KRISHI BHAVAN, KATTOOR, KATTOOR P.O - 680 702.
• * ADDL.5TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 04.01.2017 IN IA.20790/2016

E2 TO R5 BY GOVERNMENT PLEADER SRI. RENIL ANTO

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 39443 of 2016 (E) ----------------------------

APPENDIX

PETITIONER(S)' EXHIBITS

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P1 COPY OF THE BASIC TAX RECEIPT DATED 05.4.2016.

• P2 COPY OF THE CERTIFICATE ISSUED BY THE KATTOOR VILLAGE OFFICE DATED 18.11.2016.
• P3 COPY OF THE PROPOSED BUILDING PLAN OF THE PETITIONER.
• P4 COPY OF THE POSSESSION CERTIFICATE DATED 06.4.2016.
• P5 COPY OF THE LETTER BEARING NUMBER C2-7024/2016 DATED 17.11.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
• P6 COPY OF PAGES 156 AND 157 OF THE DATA BANK MAINTAINED BY THE 4TH RESPONDENT.
• P7 COPY OF ORDER DATED 28.6.1981 IN RESPECT OF THE 10 CENTS OF THE PROPERTY UNDER THE KERALA LAND UTILIZATION ORDER.

RESPONDENT(S)' EXHIBITS -----------------------

NIL

TRUE COPY

P.S. TO JUDGE

EL

A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.39443 of 2016 ............................................................. Dated this the 10 th day of April, 2017

J U D G M E N T

The petitioner, who is stated to be in ownership and possession of 6.46 Ares of property comprised in Sy.No.485/4, 485/5, 485/6 of Kattoor Village, Mukundapuram Taluk, has approached this Court aggrieved by Ext.P5 order, by which, an application for building permit was rejected by the respondent Panchayat, on the ground that, the property on which, the construction was proposed, was classified as 'Nilam' in the revenue records.

2. When the matter came up for admission, this Court called for a report from the Local Level Monitoring Committee (LLMC), with regard to the lie and nature of the property. A report has since been filed by the LLMC, which shows that the land in question is not suitable for paddy cultivation and it is converted more than 30 years ago. It is stated that the land is included in the data bank by describing it as converted land.

Taking note of the said report and finding that, the land

belonging to the petitioner cannot be included as paddy land or wetland in the land data bank prepared for the region, I dispose the writ petition with the following directions:

(i) by declaring that the property of the petitioner situated in Sy.No.485/4, 485/5, 485/6 of Kattoor Village, Mukundapuram Taluk, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the 2008 Act.

(ii) The additional 5 th respondent is directed to exclude the said land of the petitioner 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 additional 5 th 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 additional 5 th respondent shall, after excluding the land from the data bank, issue a certificate to the petitioner 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 petitioner can utilise the said certificate for approaching the authorities under the Kerala Land Utilisation Order [hereinafter referred to as the

-2-

'KLU Order'] for getting permission to utilise the land for other purposes.

(iii) The 1 st respondent Panchayat 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 1 st 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 1 st respondent to do so, I quash Ext.P5 order of the 1 st 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

mns/11.04.17

W.P.(C).No.39443 of 2016