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2018 Supreme(Online)(KER) 2336
HIGH COURT OF KERALA
SHAJI P.CHALY, J
RANJITH KUMAR – Appellant
Versus
THE LOCAL LEVEL MONITORING COMMITTEE – Respondent
WRIT PETITION (CIVIL) 37080/2017
Administrative bodies must address applications concerning land use classifications expeditiously.
Headnote:
Property - Writ Petition - Kerala Conservation of Paddy Land and Wet Land Act, 2008; Kerala Land Utilisation Order, 1967 - Summary: The court directed the quick resolution of a pending application regarding property classification, referencing relevant land utilization orders and conservation guidelines.
Fact of the Case:
The petitioner claimed ownership of a property classified as nilam in records, asserting it is garden land and previously obtained permission under the Kerala Land Utilisation Order, 1967, to utilize it for construction.
Finding of the Court:
The court ordered the relevant authority to expedite consideration of the petitioner's application to remove the property from the conservation data bank, acknowledging existing orders permitting its use.
Issues: Whether the petitioner's property can be reclassified given its previous permissions and current data bank status.
Ratio Decidendi: The court applied the principles of administrative efficiency and the need for timely decisions on land utilization applications.
Final Decision: The petition is disposed of with directions for prompt action on the application.
JUDGMENT
According to the petitioner, petitioner is the owner in possession and enjoyment of an extent of 105 cents of property comprised in Survey No.114/6B of Perumanna Village in Kozhikode Taluk, Kozhikode District. The case of the petitioner is that even though the property is remaining in the revenue records as well as in the BTR as nilam, in reality, it is a garden land. Petitioner has earlier secured Ext.P2 order from the Sub Collector enabling the petitioner to utilise the property for carrying construction as per the provisions of the Kerala Land Utilisation Order, 1967. Now according to the petitioner, the property is included in the data bank as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Thereupon, petitioner has submitted Ext.P7 application seeking to remove the same from the data bank, which is pending consideration and seeks direction for 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 respondent to attain finality to Ext.P7, in accordance with law at the earliest and at any rate within three months from the date of receipt of a copy of this judgment, taking note of Ext.P2 order passed by the statutory authority under the provisions of the Kerala Land Utilisation Order, 1967. Petitioner is also directed to produce a copy of this writ petition along with the appended documents before the 1st respondent for appropriate action.
The writ petition is disposed of accordingly.
Sd/
SHAJI P.CHALY JUDGE jm/
\\True copy \\ PA to Judge
