2018 Supreme(Online)(KER) 15543
HIGH COURT OF KERALA
SHAJI P.CHALY, J
vs
WRIT PETITION (CIVIL) 23060/2018
Sri.Avaneesh Koyikkara, Sri.ManuRaj
The court emphasized the necessity for authorities to decide on applications related to land classification within a reasonable timeframe, ensuring compliance with the law.
Headnote:
Property - Land Utilization - Kerala Conservation of Paddy Land and Wetland Act, 2008 - Sections Not Specified - Court directed timely consideration of applications pertaining to the utilization of land, emphasizing statutory compliance and procedural fairness.
Fact of the Case:
The petitioner, an owner of property classified as dry land in revenue records, sought clarification for its classification after it was designated as 'nilam' under the Kerala Conservation of Paddy Land and Wetland Act, aiming to utilize it for purposes other than paddy cultivation.
Finding of the Court:
The court directed the relevant authorities to consider the pending applications of the petitioner expeditiously, ensuring compliance with legal stipulations within a specified timeframe.
Issues: Whether the authorities will consider the petitioner's applications in accordance with the Kerala land laws and allow the utilization of the property for purposes other than paddy cultivation.
Ratio Decidendi: The court established that timely consideration and adherence to relevant legal frameworks are critical in determining land utilization applications.
Final Decision: The writ petition is disposed of with directions for timely processing of applications.
J U D G M E N T
According to the petitioner, petitioner is the absolute owner and title holder of an extent of 40.47 Ares of property situate in Re-Sy No.425/1 of Kainoor Village, Thrissur District. It is the case of the petitioner that, even though the property is remaining as dry land in the revenue records as well as in the BTR, it is shown as 'nilam' and also included in the data bank constituted under the provisions of Kerala Conservation of Paddy land and Wetland Act, 2008. Thereupon, petitioner has submitted Ext.P2 application before the 2nd respondent, which is pending consideration. So also in order to utilize the land for different purpose other than paddy cultivation in accordance with the Kerala Land Utilization Order petitioner has submitted Ext.P3 application before the 4th respondent, which is also pending consideration and seeks direction for early disposal of the aforesaid applications.
2. Having heard learned counsel for petitioner and learned Government Pleader, there will be a direction to the 2nd respondent to consider Ext.P2 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. If the petitioner is able to secure a favourable order from the 2nd respondent, Ext.P3 shall be considered by the 4th respondent in accordance with law and attain finality at the earliest possible time and at any rate within three months from the date of production of order from the LLMC. Petitioner is also directed to produce a copy of this writ petition along with all appended documents before the respective statutory authority.
Writ petition is disposed of accordingly.