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2014 Supreme(Online)(KER) 7309
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
NARAYANKUTTY MENON – Appellant
Versus
THE TAHSILDAR Advocate - GOVERNMENT PLEADER GOVERNMENT PLEADER – Respondent
WRIT PETITION (CIVIL) 7108/2014
The court established that reclamation prior to legislation affects land classification, requiring local committees to adjust records accordingly.
Headnote:
Property - Land Utilization - Kerala Land Utilization Order, Act 28 of 2008 - The court clarified procedural remedies for correcting land classifications, emphasizing the role of the Local Level Monitoring Committee in assessing reclamation claims before the enactment of the Act.
Fact of the Case:
The petitioner claims ownership of 15 cents of land, previously reclaimed, and seeks correction in the Basic Tax Register due to its classification as paddy land under Act 28 of 2008.
Finding of the Court:
The court directed the Local Level Monitoring Committee to evaluate the property’s status as of the enactment date of the Act 28 of 2008 and adjust records if warranted, highlighting the need for a hearing.
Issues: Whether the property can be classified correctly concerning its status as nilam under the applicable land utilization regulations.
Ratio Decidendi: The Local Level Monitoring Committee has the authority to amend land classifications based on evidence of prior reclamation before the Act's enactment.
Final Decision: Writ Petition disposed of, directing the Local Level Monitoring Committee to consider the application for correction.
JUDGMENT
Petitioner claims to be the owner in possession of 15 cents of property in survey No.218/10 of Cheranallor Village by virtue of sale deed No.2947/2011 of Thripunithura SRO. Petitioner has approached this Court seeking a direction to the respondent to consider Ext.P3 application for correcting details in the Basic Tax Register.
2. Learned Government Pleader on instruction submits that this property is included as paddy land in the draft data bank.
3. Petitioner has a case that this property has been reclaimed long before the Act 28 of 2008 and it appears, the property is a paddy land.
4. Petitioner submits that the property was reclaimed long before the Act 28 of 2008. The remedy available to the petitioner is to approach the Local Level Monitoring Committee to correct the details of 15 cents of property in survey No.218/10 of Cheranallor Village. Local Level Monitoring Committee shall consider the application in the light of the decision in Castlerock Projects and Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545] and find out whether as on the date of enactment of Act 28 of 2008, this property can be treated as nilam. If it is found that this property cannot be treated as nilam, the Local Level Monitoring Committee shall correct the details in the draft data bank. Once the entry is corrected, it is open for the petitioner to approach the District Collector, Ernakulam under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. Needful shall be done by the Local Level Monitoring Committee within a period of six weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
