YOUSUF, S/O.LATE AHAMMED @ KUNJAN AND OTHERS Vs. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD

JUDGEMENT

(1.) The petitioners, who are stated to be in ownership and possession of 15.6 cents of land in Sy. No.3414/1 of Palakkad III Village, have approached this Court, aggrieved by Ext.P4 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 09.12.2016, 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 22.2.2017 has since been filed by the LLMC, a perusal of which, shows that the land belonging to the petitioners was 'converted land' prior to 2008, and, at present, there is no paddy cultivation in the property or in the surrounding property. The suggestion of the LLMC, in its report, is that the land in question cannot be included either as paddy land or wetland 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,