SARITHA SOMAN Vs. SECRETARY

JUDGEMENT

(1.) THE petitioner challenges Ext.P6 communication issued by the Government. The said communication is addressed to the Agricultural Officer, viz. the third respondent.

(2.) THIS is a case where the petitioner has sought permission to use 54 cents of converted land for construction of a workshop. The same was purchased by the petitioner as per document No.1578/2010 of Alangad Sub Registry Office. It is located on the north of Melcome Company Road and the company is situated near the property of the petitioner. It is stated that the property in question was a paddy land about 40 years back and was converted and filled up by the prior owners and when the petitioner purchased the land in 2010, it was remaining as a converted land itself. After the petitioner filed the application before the Eloor Municipality for permission to construct the workshop, she was directed to obtain a certificate from the Village Officer regarding the nature of the property. The petitioner thereafter applied before the Village Officer to change the nature of the property in the Village records, based on which a report was forwarded by the Village Officer to the Revenue Divisional Officer as per Ext.P1. It is stated therein that the property is lying as a purayidam, but the description is shown as a paddy land. Thereafter the Municipality rejected the application as per Ext.P2 stating that the land will come within the purview of the Kerala Conservation of Paddy Land and Wet Land Act and permission from the District Collector is required. In fact, the petitioner has obtained a certificate from the Agricultural Officer a copy of which is produced as Ext.P3. The same also supports the plea that paddy cultivation has not been conducted for the last 40 years in the property in question. The petitioner's application for permission to change the status of the property as nilam, was forwarded by the Revenue Divisional Officer to the Agricultural Officer as per Ext.P4 communication, so as to forward the recommendation of the Local Level Monitoring Committee to the District Level Authorised Committee for further action. It is thereafter that the District Level Committee forwarded the application to the Government for consideration. Ext.P5 will show that the property has been included in the data bank.

(3.) LEARNED Government Pleader submits that in the Basic Tax Register the property remains as paddy land now and in the draft data bank also the same is not shown as a converted land.