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2018 Supreme(Online)(KER) 12765
HIGH COURT OF KERALA
SHAJI P.CHALY, J
vs
WRIT PETITION (CIVIL) 24259/2018
SRI.S.SREEKUMAR (KOLLAM)
Land classification and utilization must adhere to specified legislative frameworks, ensuring timely administrative actions.
Headnote:
Property - Ownership - Kerala Conservation of Paddy Land and Wet Land Act, 2008 - Sections related to data bank and land utilization.
Fact of the Case:
The petitioner claims ownership of 39.15 ares of land classified as 'Nilam' but is actually garden land. The petitioner seeks to have the land removed from the conservation data bank for other uses.
Finding of the Court:
The court directed the relevant authorities to expeditiously consider the applications regarding the removal of the property from the data bank and its subsequent utilization.
Issues: Whether the petitioner can have the land classified for purposes other than paddy cultivation despite its status as 'Nilam' in official records.
Ratio Decidendi: The court established that applications related to land utilization must be considered in a timely manner under existing legal frameworks.
Final Decision: Writ petition disposed of; authorities directed to consider applications within three months.
J U D G M E N T
According to the petitioner, petitioner is in title and ownership of an extent of 39.15 ares of property situated in RS.Nos. 426/1, 426/2, 373/1, 425/13, 426/7, 426/8-1 of Vadakkevila Village, Kollam Taluk. The case projected by the petitioner is that, even though the property is remaining in the revenue records as well as in BTR as 'Nilam', in reality it is a garden land. The property is included in the data bank constituted under the provisions of Kerala Conservation of Paddy Land and Wet Land Act , 2008. Thereupon, petitioner has submitted Ext.P8 application, before the 4th respondent seeking removal of the property from the data bank and Ext.P7 application before the 2nd respondent for utilisation of the property for other purposes other than paddy cultivation under the provisions of the Kerala Land Utilization Order, seeks direction for early disposal of the same.
2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the 4th respondent to consider Ext.P8 application, 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. If petitioner is able to secure an enabling order in the application, Ext.P7 application shall be considered by the 2nd respondent, in accordance with law and attain finality, within three months from the date of production of the order from the Local Level Monitoring Committee. Petitioner is also directed to produce a copy of this writ petition along with the appended documents before the appropriate statutory authority.
This writ petition is disposed of accordingly.
