K.A. JOSEPH, S/O. K.R. ANTONY (LATE) Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner, who is stated to be in ownership and possession of 6.90 Ares of property in Sy.No.47/12-1 of Naduville Village of Vaikom Taluk, has approached this Court aggrieved by the non-consideration of an application submitted by him before the 3rd respondent for a building permit. In the writ petition, it is the case of the petitioner that the application for permit was not considered by the 3rd respondent, on the ground that, the property belonging to him was shown as 'Nilam' in the revenue records.

(2.) When the matter came up for admission, this Court called for a report from the Local Level Monitoring Committee (LLMC) with regard to the nature and lie of the land. By a report dated 01.11.2016 that has been filed by the LLMC, a perusal of which would show that the land belonging to the petitioner was converted one year prior to the coming into force of the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the '2008 Act'].

(3.) Taking note of the said report, and finding that the land in question cannot be included in the land data bank as paddy land or wetland in terms of the 2008 Act, the writ petition is allowed as follows: