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2018 Supreme(Online)(KER) 55077
HIGH COURT OF KERALA
SHAJI P.CHALY, J
DR.MANOJ KUMAR T – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/25076/2018
SRI.K.PRAVEEN KUMAR, SRI.P.M.MANOJ, SRI.K.D.BABU, SC, KOZHIKODE CORPORATION
Timely processing of land use applications is essential, requiring verification of compliance with land classification laws.
Headnote:
Property - Writ Petition - Kerala Land Utilization Order, 1967; Kerala Conservation of Paddy Land and Wetland Act, 2008 - The court directed timely disposal of an application seeking land utilization for non-agricultural purposes, emphasizing procedural compliance and assessment of property records.
Fact of the Case:
The petitioners, owners of property designated as garden land but classified as 'nilam' in village records, applied to utilize the land for non-paddy cultivation, citing its exclusion from the data bank under relevant laws.
Finding of the Court:
The court acknowledged the necessity for a timely review of the petitioners' application regarding land use, mandating the responsible authority to act promptly while verifying the property’s status against statutory guidelines.
Issues: Whether the authorities should expedite the review of the petitioners' application for land utilization under the existing legal framework.
Ratio Decidendi: The court established the principle that procedural timeliness is crucial in considering applications for land use changes, alongside the verification of compliance with statutory definitions and classifications.
Final Decision: The writ petition was disposed of with directions for prompt action by the relevant authority.
J U D G M E N T
Petitioners are husband and wife and owners of an extent of 10.83 cents of property and 4.99 cents of property situate in R.S.No.565, Block No.15 of Kacheri Village, Kozhikode Taluk. According to the petitioner, even though the property is remaining as garden land, in the village records as well as in the BTR, it is shown as 'nilam'. However, the property is not included in the data bank constituted under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008. Thereupon, petitioner has submitted Ext.P4 application before the 2nd respondent as per the provisions of Kerala Land Utilization Order, 1967 seeking to utilise the property for different purposes other than paddy cultivation and seeks direction for early disposal of the said application.
2. Having heard learned counsel for petitioner and learned Senior Government Pleader as well as learned Standing Counsel, there will be a direction to the 2nd respondent to finalise the proceedings pertaining to Ext.P4 in accordance with law at the earliest possible time and at any rate within three weeks from the date of receipt of a copy of this judgment, after verifying the veracity of the submission made in the writ petition that, the property is not included in the data bank, taking into account any certificate issued by any of the statutory authorities. Petitioner is also directed to produce a copy of this writ petition along with all appended documents before the 2nd respondent for appropriate action.
Writ petition is disposed of accordingly.
