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2018 Supreme(Online)(KER) 11776
HIGH COURT OF KERALA
SHAJI P.CHALY, J
AMBALAPPURATH ABDUL SHUKKOOR – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C)/20991/2018
Sri.Cibi Thomas
The court mandated the timely review of land utilization applications while ensuring adherence to previous judgments regarding land categorization.
Headnote:
Land - Ownership - Kerala Land Utilisation Order, Kerala Conservation of Paddy Land & Wet Land Act - Sections 6A; 2008
Fact of the Case:
The petitioner claims ownership of 28 cents of land based on an assignment deed. Although marked as nilam in revenue records, the petitioner seeks a change in land utilization for non-agricultural purposes under the Kerala Land Utilisation Order, pending approval.
Finding of the Court:
The court directed the second respondent to consider the petitioner's application in accordance with the law, verifying the claim that the land is not in the Data Bank, within three months of receiving the judgment.
Issues: Whether the petitioner is entitled to change the land's usage from agricultural to non-agricultural activities under the applicable laws despite its categorization as nilam in the revenue records.
Ratio Decidendi: The court emphasized the need for timely consideration of pending applications while referencing previous judgments to ensure lawful processing of land utilization changes.
Final Decision: The writ petition is disposed of with directions for timely action on the application.
JUDGMENT
According to the petitioner, petitioner is the absolute owner in possession of 28 cents of land comprised in Re- survey No. 308/1 of Pappinissery Village of Kannur Taluk, Kannur District, on the basis of an assignment deed bearing No. 2474/1985 of SRO, Kalliassery. It is also the case of the petitioner that even though in the BTR and revenue records, the property is shown as nilam, it is not included in the data bank, constituted under the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008. Thereupon, petitioner has submitted Ext.P2 application under the provisions of the Kerala Land Utilisation Order seeking the changed utilisation, and for any non-agricultural purposes, along with the relief to change the nature of the property in the BTR and re- assess the land accordingly, as provided under Section 6A of the Kerala Land Tax Act , 1961. The petitioner seeks direction for early disposal of Ext.P2, which is pending consideration before the second respondent.
2. Having heard learned counsel for the petitioner and learned Government Pleader and perusing the pleadings and the documents on record, there will be a direction to the second respondent to consider Ext.P2, in accordance with law, 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, after verifying the veracity with respect to the averments made in the writ petition that the land is not included in the Data Bank. The said decision shall also be taken, taking into account the judgment of the Apex Court inRevenue Divisional Officer v. Jalaja Dilip [ 2015 (1) KLT 984] read along with the judgment of the Division Bench of this Court inLLMC, Kizhakkambalam Grama Panchayat v. Mariuma [2015 (2) KLT 516]. The petitioner is also directed to produce a copy of this writ petition along with appended documents before the second respondent for appropriate action.
The writ petition is disposed of, accordingly.
