T A KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with the rejection of an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order"), as per Ext.P4. Ext.P4 has rejected the application based on Ext.P5 Circular of the Government. Ext.P5 has been set aside by this Court in Shivadasan v. Revenue Divisional Officer, 2017 3 KerLT 822. The application which was rejected as per Ext.P4 shall be considered afresh and to facilitate that, Ext.P4 is set aside.

(2.) The petitioner's land, having a total extent of 17 Ares comprised in Sy.No.204/3-3 in Mulakulam Village, is shown as 'nilam' in the revenue records. The subject property is not included in the draft data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The property is lying as a garden land. Since the description is shown as 'nilam' in the revenue records, it is only proper that a report is received from the Local Level Monitoring Committee before consideration of the application by the 2 nd respondent, inter alia as to whether the property is included in the Data Bank prepared for the area.

(3.) The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer, who is the Convenor of the Local Level Monitoring Committee (LLMC), shall file a report of the LLMC, after inspection of the property, as to the lie and nature of the property as of now and on the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and specify whether it is included in the draft/notified data bank and if so, the manner in which the property is described in the draft/notified data bank and submit a report before the RDO as to the lie and nature of the property, as it exists at present. The report of the LLMC shall be forwarded to the 2 nd respondent, who shall, then issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer, in accordance with M.K.Shivadasan . If conversion of user is obtained, then, necessarily the petitioner would be entitled to approach the local authority for building permit.