HIGH COURT OF KERALA
N. NAGARESH, J
SOBHANA VASAN NAIR – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/10923/2021
Land - Kerala Land Utilisation Order - Clause 6 - The court analyzed the provisions under Clause 6 of the Kerala Land Utilisation Order, highlighting the necessity for timely decision-making on land conversion applications and the role of the Local Level Monitoring Committee's findings in corroborating such requests.
Fact of the Case:
The petitioner sought permission to convert land from wet to paramba for residential construction, previously obtaining specific directions but facing delays in consideration of their application under the Kerala Land Utilisation Order.
Finding of the Court:
The court found the delay in considering the petitioner's application unacceptable, ordered prompt action by the appropriate authority, and acknowledged the Local Level Monitoring Committee's decision favoring the petitioner's request.
Issues: Whether the delay in processing the conversion application under the Kerala Land Utilisation Order constitutes a denial of statutory rights.
Ratio Decidendi: The court emphasized the need for adherence to statutory processes and timely actions for applications concerning land use alterations, supporting its decision with the Local Level Monitoring Committee's recommendations.
Final Decision: The court directed the Revenue Divisional Officer to decide on the application within three months.
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 23rd day of September, 2021 The petitioner is owner of 9.9 Cents of land in Survey Nos.805/2P and 824/P of Ayyanthole Village in Thrissur District. The petitioner obtained the property as per Ext.P1 Sale Deed. The petitioner would submit that earlier, the predecessor-in-interest of the petitioner had approached the RDO seeking for an order under Clause 6 of the KLU Order and Ext.P4 order was passed permitting to convert an extent of 36.85 Cents of wetland into paramba for construction of residential building. On 20.08.2017, the petitioner submitted Ext.P5 application before the District Collector and the Revenue Divisional Officer invoking Clause 6 of the Kerala Land Utilisation Order , for using the land for other purposes and for correction in Data Bank in tune with LLMC Report.
2. The petitioner would state that no orders have been passed on Ext.P5 application so far. The petitioner had approached this Court with W.P.(C) No.28453/2017. By Ext.P6 judgment, this Court directed the petitioner to approach the LLMC for removing the petitioner's land from Data Bank. Pursuant to Ext.P6 judgment, the LLMC considered the issue and as per Ext.P7 minutes, the LLMC decided that the land of the petitioner can be deleted from the Data Bank. In view of Ext.P7 minutes of the LLMC, the petitioner's application is liable to be allowed, contended the learned counsel for the petitioner.
3. The learned Government Pleader submitted that Ext.P5 application submitted by the petitioner is pending consideration before the RDO and that it is under process and orders are likely to be passed thereon soon.
In such circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P5 application submitted by the petitioner under Clause 6 of the Kerala Land Utilisation Order , taking into consideration the findings of the LLMC as contained in Ext.P7 minutes. Orders in this regard shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/27.09.2021 APPENDIX OF WP(C) 10923/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2912/2000 DATED 02.06.2000 OF AYYANTHOLE SUB REGISTRY OFFICE.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
12.11.2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.01.2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18.06.1994 OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED
20.08.2017 PREFERRED UNDER CLAUSE 6 (2)
OF KLUO .
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
29.08.2017 IN WPC NO.28453 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING DATED 24.07.2020 OF THE LOCAL LEVEL MONITORING COMMITTEE, THRISSUR CORPORATION.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
01.02.2020 OF THE 2ND RESPONDENT.
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