Incorrect property classification can be challenged under the relevant land utilization laws, necessitating an accurate assessment and correction by local authorities.

JUDGMENT

Petitioner is a company constituted under the relevant provisions of the Companies Act 1956, who is the owner of the land having extent of 1.02.274 comprised in Re.Sy. No. 513/3 of Kadamakudy Village in Ernakulam District. The grievances of the petitioner is with regard to the wrong classification of the property as given in the draft data bank register and also in the BTR where the property has been shown as Nilam. In spite of the factual position that it is a reclaimed land for decades, wherein various improvements have been effected including construction of building based on the plan approved by the Secretary of the Panchayat or the local authority.

2. The learned counsel for the petitioner submits that as early as in the year 2000, the physical nature of the property was certified by the Assistant Director of Agriculture vide Ext.P7, dated 12.05.2000. The concerned local authority had issued Ext.P1 No-Objection Certificate dated 25.11.2000 for the construction of the resort building in the property concerned, and necessary charges have been remitted by the petitioner as borne by Ext.P1(a) receipt, the hotel project was approved by the competent authority under the Central Government as borne by Ext.P2 order dated 3.11.2000 and star classification has been given as per Ext.P3 dated 29.01.2003. Ext.P4 is a copy of the license issued by the Panchayat and Ext.P5 is the building tax receipt for the year 2001-02. Ext.P6 series are the tax receipts for the current year. The factual position is also discernible from Ext.P8 report of the Village Officer dated 27.09.2013 showing that the land is a reclaimed land and it got a lot of improvement including age old trees and existence of buildings therein. 3. The learned counsel for the petitioner submits that the property of the petitioner is not a paddy land or wet land as defined under Section 212 or 218 of Act 28 of 2008 and because of the wrong distinction of the nature of the land in DTR and also in the draft data bank register, the petitioner filed Ext.P10 application before the 7th respondent, the local level monitoring committee, so as to readdress the grievances of petitioner by effecting necessary correction. Similarly, Ext.P1 representation has been preferred before the 2nd respondent for granting necessary relief in view of clause (6) of the Kerala Land Utilisation Order.

4. Heard the learned Government Pleader as well.

5. The crucial question is to be considered is whether the property was laying as a paddy land or wet land on the date of commencement of the Act and if, was not remaining as a paddy land or wet land, the matter has to be considered in the light of the relevant Provisions of Kerala Land Utilisation Order, particularly, clause (6) , as per the law declared by the Division of Bench of this Court in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617]. Similarly, the competent authority to effect necessary correction, is the factual question something else, is none other than the 7th respondent. In the above circumstances, there will be a direction to the 7th respondent to consider Ext.P10 and pass appropriate orders after conducting a site inspection with a prior notice to the petitioner, so as to effect necessary corrections in the entries in the draft in the data bank register, which shall be done at the earliest, at any rate within '6 weeks' from the date of receipt of a copy of this judgment. Similarly, there will be a direction to the 2nd respondent to consider Ext.P11, under clause (6) of the Kerala Land Utilisation Order and also in the light of the observations particularly decision cited supra after giving an opportunity of being heard to the petitioner at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.

Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further steps.

Sd/

P.R.RAMACHA