SIVANKUTTY Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is stated to be in ownership and possession of 16.54 cents of land in Re-survey.No.373/18 in Block No.13, Thandaper 4398 of Kalayapuram Village, Kottarakkara Taluk, has approached this Court, aggrieved by Ext.P10 order, whereby, an application for building permit was rejected on the ground that the property on which the building was proposed to be constructed was shown as 'Nilam' in the revenue records.

(2.) When the matter came up for admission, this Court, by an interim order dated 02.02.2017, directed the Agricultural Officer, who is the Convener of the Local Level Monitoring Committee [LLMC], to file a report after inspection of the property with regard to the lie and nature of the property, and specify whether it was included in the draft/notified data bank, and if so, the manner in which the property is described in the draft/notified data bank. A report dated 25.2.2017 has since been filed by the LLMC, a perusal of which, shows that the land belonging to the petitioner was converted long prior to 2008, and therefore, the land is not a paddy land for the purposes of inclusion in the Land Data Bank that was prepared for the region. Taking note of the said report, I am of the view that the land in question cannot be included in the Land Data Bank, and hence, ought to be excluded from the Land Data Bank, that was prepared for the area in question. Accordingly, I dispose the writ petition,