SHAHABANA P.P Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the owner and in possession of having an extent of 3.6425 Acres of property in Kudathayi village of Kozhikode Taluk. It is stated that the property of the petitioner is mistakenly included in the data bank. According to the petitioner, since the property was converted long prior to the introduction of the Kerala conservation of Paddy Land and Wetland Act,2008, the same should not have been shown in the Data Bank as paddy land. The petitioner, therefore, seeks appropriate directions in this writ petition for correction of the entry relating to his property in the Data Bank.

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

(3.) If the property of the petitioner is converted prior to the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in Revenue Divisional Officer v. Jalaja Dileep (2015(1) KLT 984). If the provisions of the Act do not apply to the property of the petitioner, she is entitled to make use of the property for construction of building, after obtaining permission of the competent authority under Clause 6 of the Kerala Land Utilization Order, 1967 [See Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT182)].