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2018 Supreme(Online)(KER) 42052
HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
INDIRA RAGHUTHAMAN – Appellant
Versus
DISTRICT COLLECTOR, KOZHIKODE – Respondent
WRIT PETITION (CIVIL) 12853/2018
Timely administrative action by authorities on applications regarding land matters is mandated to ensure the rights of landowners.
Headnote:
Land - Property Rights - Kerala Land Utilization Order Section List - The judgment emphasizes the procedure and timeline for the consideration of applications related to land exclusion from the Land Data Bank and conversion of land use under the Kerala Land Utilization Order.
Fact of the Case:
The petitioner sought deletion of her property from the Land Data Bank through Ext.P2 and requested conversion orders under the Kerala Land Utilization Order via Ext.P3, compelling the respondents to act on her applications.
Finding of the Court:
The court directed the 3rd respondent to decide on the petitioner's application within three months and emphasized that subsequent actions by the 2nd respondent depend on the decision made regarding the Land Data Bank.
Issues: The main issue was whether the respondents were obliged to consider the petitioner’s applications for land exclusion and use conversion in a timely manner.
Ratio Decidendi: The court determined that the respondents are required to act on the petitioner’s requests expeditiously, ensuring proper administrative procedure and timelines are adhered to.
Final Decision: The petition is disposed of with directions for timely consideration of applications by the respondents.
J U D G M E N T
The petitioner has preferred Ext.P2 application before the 3rd respondent, seeking a deletion of her land comprising of 29 cents of property in R.S.No.112/2 of Vengeri Village of Kozhikode Taluk, from the Land Data Bank prepared for the region. Similarly, she has preferred Ext.P3 application before the 2nd respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order . The limited prayer is for a direction to the 2nd and 3rd respondents to consider and pass orders on the applications preferred by the petitioner, expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:
(i) The 3rd respondent shall consider and pass orders on Ext.P2 application preferred by the petitioner within a period of three months from the date of receipt of a copy of this judgment, if need be, after hearing the petitioner.
(ii) In the event of the 3rd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 2nd respondent shall consider Ext.P3 application preferred by the petitioner for conversion of user of the said land, and pass orders thereon within a period of one month from the date of production of the order of the
3rd respondent, before him.
(iii) The petitioner shall, in the event of receipt of the order from the 3rd respondent, and the order from the 2nd respondent permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in the classification of the land in the Basic Tax Register.
