SULEKHA KHADER Vs. KUZHIMANNA GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner possesses 11.341 Cents of property along with her children. The property is in Re-survey No.81/10 in Block No.34 of Kuzhimanna Village, Kondotty Taluk of Malappuram District. The petitioner is aggrieved by Ext.P10 order of the Local Level Monitoring Committee rejecting the application submitted by the petitioner for removal of land from the Data Bank.

(2.) The petitioner wanted to construct a commercial building in the land and obtained Ext.P3 Building Permit dtd. 30/4/2015. When construction was started, the Village Officer issued a Stop Memo alleging that the property is paddy land and construction offends the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

(3.) The petitioner states that her property is dry land, converted long ago. There were standing trees on the land which were cut for facilitating building construction. Village Officer has issued Ext.P4 Possession Certificate showing the land as dry land. The petitioner submitted Ext.P6 application dtd. 22/8/2017 seeking to remove the land from Data Bank. Ext.P7 application was also submitted invoking the Kerala Land Utilisation Order, 1967 seeking permission to use the land for non-agricultural purposes.