SAJITHA T M Vs. DISTRICT COLLECTOR, KOTTAYAM

JUDGEMENT

(1.) Petitioner owns an item of property measuring 40.47 ares. Petitioner purchased the said property during 2012. The property is one categorised as paddy land in the revenue records. It is stated by the petitioner that the vendor of the petitioner had converted the property and the same was therefore lying as a garden land when she purchased the same. It is also stated by the petitioner that the properties in the surroundings of the property of the petitioner are also lying as garden lands and there exist several buildings also in the said properties. Ext.P1 is the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). In Ext.P1 Data Bank, the property of the petitioner is shown as one converted during 2005. Since the property is categorised as paddy land in the revenue records, the petitioner preferred an application for permission to make use of the property for other purposes including construction of buildings before the first respondent, the competent authority under the Kerala Land Utilisation Order, 1967. The said application was disposed of by the first respondent permitting the petitioner to make use of the property for agricultural purposes, indicating that the same shall not be used for construction of buildings. Ext.P4 is the order passed by the first respondent in this connection. The petitioner intends to put up a building in the property. She is, therefore, aggrieved by Ext.P4 order. Hence this writ petition.

(2.) In the statement filed on behalf of the first respondent in this matter, it is contended that in the light of Government Circular No.46848/P1/2016 dated 22/12/2016, permission cannot be granted for construction of buildings in lands measuring more than five cents in municipal limits which are categorised as paddy lands in the revenue records.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.