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2018 Supreme(Online)(KER) 39955
HIGH COURT OF KERALA
SHAJI P.CHALY, J
MARIYAM – Appellant
Versus
NADUVANNUR GRAMA PANCHAYATH – Respondent
WRIT PETITION (CIVIL) 24001/2018
Authorities must process applications for land use changes in strict adherence to statutory provisions and established timelines.
Headnote:
Land - Property Utilization - Kerala Conservation of Paddy Land and Wet Land Act, 2008, Kerala Land Utilisation Order, 1967 - The court directed a timely resolution of the petitioner's application for land use change based on the relevant acts and state circular.
Fact of the Case:
The petitioner owns a property classified as Nilam in village records but submitted applications to convert it for non-paddy purposes under relevant acts, seeking expedited processing from authorities.
Finding of the Court:
The court found that the authority must consider the petitioner's application in accordance with law after removing the land from the data bank, as per previous decisions.
Issues: Whether the petitioner's request for land utilization change under the relevant laws would be processed timely and properly by the authorities.
Ratio Decidendi: The court emphasized the need for government bodies to adhere to the timelines and processes established by law while considering the petitioner's application.
Final Decision: The writ petition is disposed of with directions for timely action on the application.
JUDGMENT
According to the petitioner, petitioner is the owner in possession of an extent of 48.36 cents of property situated in Re-survey No. 246/2 of Kavil Desom, Naduvannur Village, as per Ext.P1 sale deed. The case of the petitioner is that even though the property is remaining as a dry land, in the village records and BTR, it is shown as Nilam. It is also submitted that pursuant to the application submitted by the petitioner, as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, a decision is taken to remove the property from the data bank. Now the petitioner has submitted Ext.P5 application before the first respondent, as per the provisions of the Kerala Land Utilisation Order, 1967 seeking permission to utilise the land for different purposes other than paddy cultivation. It is also pointed out that the application for building permit submitted by the petitioner is pending consideration before the third respondent. Various other circumstances are pointed out by the petitioner, enabling the petitioner to secure a building permit, in accordance with Ext.P7 circular issued by the State Government dated 22.12.2016.
2. Having regard to the facts and circumstances of the case, I think it is only appropriate that the writ petition is disposed of with suitable directions.
3. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the first respondent to consider Ext.P5, 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 authenticity of the submission made by the petitioner that already the second respondent has taken a decision to remove the property from the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and also taking into account, Ext.P7 Circular issued by the State Government. The petitioner is also directed to produce a copy of this writ petition along with appended documents before the first respondent for appropriate action. If and when the petitioner produces appropriate orders from the first respondent, the application for building permit shall be considered by the third respondent Panchayat, in accordance with law, at the earliest possible, taking into account Ext.P7 circular issued by the State Government specified above.
The writ petition is disposed of, accordingly.
