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2018 Supreme(Online)(KER) 32403
HIGH COURT OF KERALA
SHAJI P.CHALY, J
MANI BABU. P.M. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/20080/2018
SRI.K.PRAVEEN KUMAR
The ruling highlights the importance of verifying land classification under conservation laws before administrative decisions are made.
Headnote:
Land - Ownership - Kerala Conservation of Paddy Land and Wet Land Act, 2008 - Section References - The court directs the consideration of a land utilization application, emphasizing the need to verify land classification under the relevant Act.
Fact of the Case:
Petitioners, joint owners of a land parcel, contest its classification as 'nilam' in government records, asserting the land is dry and not subject to conservation regulations.
Finding of the Court:
The court mandated the responsible authority to assess the application, ensuring compliance with earlier judicial guidance and verifying the land’s classification per the applicable law.
Issues: Whether the authority is obliged to consider the pending application regarding the classification of the land under the Kerala Conservation of Paddy Land and Wet Land Act.
Ratio Decidendi: The court underscored the requirement for administrative bodies to resolve applications based on factual accuracy and adherence to the relevant legislation.
Final Decision: The writ petition is disposed of with directions for timely consideration of the application.
JUDGMENT
Petitioners are joint owners in absolute possession of 12.94 cents, (5.24 Are) of land comprised in R.S.No.273/2A1/2B1 of Vadakara Village of Vadakara Taluk in Kozhikode District. According to the petitioners, even though the property is included in the BTR and revenue records as 'nilam', the same is a dry land, not included in the data bank prepared as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 . Thereupon, petitioner has submitted Ext.P2 application before the 2nd respondent under the provisions of the Kerala Land Utilisation Order, which is pending consideration and seeks direction of early disposal of the same.
2. Having heard learned Counsel for the petitioner and the learned Senior Government Pleader, there will be a direction to the 2nd respondent to consider Ext.P2, in accordance with law, taking into account the judgment of this Court inLocal Level Monitoring Committee, Kizhakkambalam Grama Panchayat vs. Mariumma [ 2015 (2) KLT 516 ] and attain finality at the earliest possible time and at any rate within three months from the date of receipt of a copy of this judgment, also verifying the veracity of the submission made in the writ petition that the land is not included in the data bank as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 . The petitioner is directed to produce a copy of the writ petition along with the appended documents before the
2nd respondent.
The writ petition is disposed of accordingly.
Sd/
SHAJI P.CHALY JUDGE jm/
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PA to Judge
