Allowed

Smt. P.K.Sheeja Rani v. the Local Level Monitoring Committee

Kerala HC15 Dec 2014WP(C)/30741/2014

Case brief

AI extract

What is this about?

Petitioner challenged inclusion of her property in the paddy land data bank under the Kerala Conservation of Paddy and Wet Land Act. Court found land was wrongly classified and directed respondents to correct the data bank.

What did the court decide?

Direction to 1st respondent to correct data bank declaring land as converted; direction to District Collector to grant permission for building construction.

Smt. P.K.Sheeja Rani Vs the Local Level Monitoring… — Writ and Judicial Review | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 15TH DAY OF DECEMBER 2014/24TH AGRAHAYANA, 1936

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WP(C).No. 30741 of 2014 (P)

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PETITIONER :

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SMT. P.K.SHEEJA RANI, AGED 42 YEARS W/O. SURESH KUMAR, SHANTHA SADANAM, NELLIKODE KOZHIKODE-673016, KOZHIKODE TALUK.

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BY ADV. SRI.M.KRISHNA KUMAR

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RESPONDENTS :

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1. THE LOCAL LEVEL MONITORING COMMITTEE KOZHIKODE CORPORATION, REPRESENTED BY ITS CHAIRMAN.

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2. THE SECRETARY KOZHIKODE CORPORATION, CORPORATION OFFICE KOZHIKODE-673001.

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R1 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN R2 BY ADV. SRI.K.D.BABU, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 30741 of 2014 (P)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1TRUE COPY OF REGISTERED DOCUMENT NO. 2342/2010 DATED 7-7-2010.

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EXHIBIT P2TRUE COPY OF THE POSSESSION CERTIFICATE DATED 4-3-2014.

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EXHIBIT P3PHOTOGRAPH OF THE LAND.

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EXHIBIT P4PHOTOGRAPH OF THE LAND.

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EXHIBIT P5PHOTOGRAPH OF THE LAND. EXHIBIT P6PHOTOGRAPH OF THE LAND.

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EXHIBIT P7TRUE COPY OF THE ORDER DATED 4-8-2014.

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EXHIBIT P8TRUE COPY OF THE APPLICATION BEFORE THE LOCAL LEVEL MONITORING COMMITTEE.

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ADVOCATE COMMISSIONER'S ANNEXURES :

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ANNEXURE C1 COPY OF THE NOTICE OF INSPECTION DATED 26.11.2014.

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ANNEXURE C2 COPY OF WORK MEMO SUBMITTED BY THE COUNSEL FOR THE PETITIONER ON26.11.2014.

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RESPONDENT(S)' EXHIBITS : NIL

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//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No. 30741 of 2014

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Dated this the 15^th day of December, 2014

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The petitioner is the absolute owner in possession of an extent

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of 3.687 Ares (9.1 cents) of land in R.S.75/6 of Nellikode Village in

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Kozhikode taluk which is within the limits of the Kozhikode Corporation. The petitioner submits that the plot is described as residential in the title deed and the Government of Kerala has fixed the fair value of this land treating it as residential garden land bounded by Corporation Road. Petitioner's application for building permit was rejected for the reason that the land is included in the

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data bank prepared under the provisions of Kerala Conservation of Paddy and Wet Land Act, 2008.

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In order to substantiate petitioner’s claim that the

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above property is not a paddy land the petitioner has taken out an Advocate Commission for local inspection to inspect the land.

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W.P.(C).No.30741 of 2014

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Advocate Commissioner filed a detailed report. The report would clearly indicate that this property cannot be treated as paddy land. It is noted by the Commission that there are six coconut trees in the property and 16 plantains and a few saplings. It is further noted that the above property is surrounded by residential buildings and multi storied commercial buildings. The Advocate commissioner also opined that the property has no resemblance to paddy field and this property might have reclaimed 30 years ago.

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Considering the report, I am of the view that inclusion of

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the property in the draft data bank as paddy land is erroneous and liable to be corrected. Therefore, there shall be a direction to the 1^st respondent to effect necessary correction in the draft data bank. If the data bank is finally notified, it is hereby declared that this property shall be treated as a converted land for all practical purposes. However, the petitioner cannot utilise the land for other purposes, unless the petitioner obtains permission under Clause 6 of the Kerala Land Utilisation Order from the Collector.

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The Collector has power under clause (6) of the Kerala

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W.P.(C).No.30741 of 2014

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Land Utilisation Order, 1967 (for short, the “KLUO”) to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This

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Court in Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram and others [2010 (2) KHC 499] held as follows:

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“If an application is made under the Kerala Land Utilisation Order, the same is not liable to be dismissed before an enquiry is held by the concerned authority under the Act and a finding is entered that the land in respect of which the application is made is a paddy land or a wetland. If the land is not found to be paddy land or wetland, application has to be considered as per the

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W.P.(C).No.30741 of 2014

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provisions of the KLU.”

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In Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham [2012 (4) KLT 511] another Division

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Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In Praveen's case ( supra ) also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector.

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In Joseph John v. Land Revenue Commissioner [2014

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(1) KLT 706], it was held that reclamation or conversion of the land

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is not a bar in considering the application under Clause 6 of KLU order.

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In view of the facts and law as above, the petitioner

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shall approach the District Collector Kozhikode in terms of Clause 6 of the Kerala Land Utilisation Order. Since no food crops are as contemplated in Kerala Land Utilisation Order is cultivated in the land. I am of the view that this is a fit case where permission can

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be granted for utilising the land for other purposes. The petitioner

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W.P.(C).No.30741 of 2014

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wants to construct a building in the land. Therefore, the District Collector shall grant permission to the petitioner to construct a building in the above property. The petitioner shall file an application before the District Collector within a period of two weeks from the date of receipt of a copy of this judgment. Thereafter, within a further period of four weeks necessary permission shall be granted to the petitioner in terms of Clause 6 of the Kerala Land Utilisation Order. Based on the permission, the petitioner shall approach the 2^nd respondent for obtaining necessary permission for constructing building in the property.

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The writ petition is disposed of as above.

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A.MUHAMED MUSTAQUE, JUDGE

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jm/

Smt. P.K.Sheeja Rani v. the Local Level Monitoring Committee

Case brief

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Smt. P.K.Sheeja Rani v. the Local Level Monitoring Committee

Case brief

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