IMPORTANT POINTS:
" For granting permission for conversion of property to an extent of 7½ cents and imposed a condition that, petitioners shall pay 50% of the value of property to the Government.

1. This Writ Petition is filed by the petitioners seeking to quash Ext.P10 to the extent it affects the petitioners. Petitioners are owners of an extent of 4.1 Ares of property situate in Sy.No.524/1C of Thrikkariyoor Village, Kothamangalam Taluk. Petitioners submitted an application seeking building permit before the Municipality, which was rejected on the ground that, the property is included as converted land in the data bank constituted as per the provisions of Kerala Conservation of Paddy land and Wetland Act, 2008 and remaining in the village records as well as BTR as paddy field and if the petitioners have not secured any enabling orders from the statutory authorities, the building permit application cannot be considered by the Secretary. Thereafter, petitioners have approached the Revenue Divisional Officer and the Revenue Divisional Officer has passed Ext.P10 order granting permission for conversion of property to an extent of 7½ cents and imposed a condition that, petitioners shall pay 50% of the value of property to the Government. It is thus challenging the condition imposed as well as the restricted area of operation given to petitioners, this Writ Petition is filed.

2. I have heard learned counsel for petitioners, learned Government Pleader as well as learned Standing Counsel for Municipality and perused the pleadings and documents on record.

3. On a reading of Ext.P10 what I could gather is that, petitioners when appeared before the Revenue Divisional Officer submitted that, without set back permission may not be granted for 7½ cents. According to the petitioners, petitioners have sought permit for construction of 2650 sq.ft building and if the entire area is not permitted to be utilised, petitioners will not be able to complete the construction in terms of the Kerala Municipality Building Rules, 1999.

4. It is also submitted that, the application submitted by the petitioner is dated 2.3.2017, which need to be considered in accordance with the provisions of Kerala Land Utilization Order, 1967 since the amended provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008 only came into force on and w.e.f.30.12.2017.

5. I find force in the said contention advanced by the petitioners and therefore, the condition imposed for payment of 50% of the land value to the Government is not legal or correct. In that view of the matter, I quash Ext.P10 and direct the Revenue Divisional Officer to re-consider the matter in accordance with law, considering it as one submitted prior to 30.12.2017, the appointed date from only the amended provisions of Act, 2008 came into force and under the provisions of Kerala Land Utilization Order, 1967 wherein there is no provision for imposing any condition for payment of land value to the State Government. A decision shall be taken in accordance with law at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. Needless to say, if the petitioners are producing necessary enabling orders, the Secretary of the Municipality shall consider the application submitted by the petitioners, in accordance with law, also taking into account the orders, if any, produced by the petitioners as directed above.

Writ Petition is disposed of accordingly.