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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
MARIAMMA MATHEW W/o. MATHEW GEORGE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Since common issues are involved in these writ petitions they are heard and disposed of by a common judgment, and WP(C) No.19099 of 2021 is treated as the leading case.
2. As per the averment in the writ petition petitioner is the owner in possession of 55 cents of land comprised in Sy.No.363/4A of Marady Village, Muvattupuzha Taluk, and the property is in the limits of Muvattupuzha town. For the last more than 50 years the entire property is lying as converted. Even in Ext.P1 data bank prepared the propety is described as converted land. Petitioner submitted Exts.P2 and P3 application under clause 6(2) of the Kerala Land Utilisation Order , 1967 seeking permission to use the aforesaid property for other purpose. As no action was taken on Exts.P2 and P3 petitioner approached this Court filing WP(C) No.28034 of 2017 and the same was disposed of as per Ext.P4 judgment directing the 2nd respondent/District Collector to consider the petitioner’s application. Even though in Ext.P1 data bank the property is described as converted land, due to the inclusion of the same in the data bank, petitioner submitted necessary application before the Local Level Monitoring Committee for rem
The LLMC's prior decision to remove converted land from the data bank must be respected, and the RDO's rejection of the application was found to be erroneous.
Administrative authorities must process land conversion applications promptly after the removal from the Data Bank, per earlier court decisions, without requiring extraneous inquiries.
The court ruled that statutory procedures must be adhered to when altering land classifications under the Act, emphasizing the necessity of obtaining requisite reports to ensure lawful decision-makin....
The Revenue Divisional Officer must independently assess land status for removal from the Data Bank, rather than relying solely on external reports.
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
The court emphasized the necessity for proper application of mind by the LLMC when considering land exclusions from the data bank under the relevant act.
Authorities must provide adequate reasoning and consider all relevant reports when making decisions on land conversion applications.
Power of Local Level Monitoring Committee is mainly recommendatory in nature.
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