BIJU, S /O CHERIAN Vs. VENGOLA GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is concerned with 2.4 Ares of property in Survey No.333/2-2 and 1.52 Ares of property in Survey No.333/3-6 in Vengola Village, lying contiguous. The petitioner wants to construct a residential house therein. The petitioner applied for such construction, which was declined by the local authority as per Ext.P4. It is submitted by the learned Government Pleader that, both in the data bank as also the revenue records the property is described as 'nilam'.

(2.) This Court had directed the Local Level Monitoring Committee (LLMC) to file a report after physical inspection. The report of the Agricultural Officer is placed on record and it has been specified that the LLMC, at present, has not been constituted.

(3.) The report of the Agricultural Officer is produced along with memo dated 27.02.2017. The Agricultural Officer and the Village Officer had together visited the property. It is stated that from the apparent appearance of the property, the property is a fallow wet land. A half constructed house is also seen in the plot. It is stated that there is mud path on the western and southern side of the property, which leads to other small houses, similarly constructed in the fallow wet land, after dividing it into small plots. On the northern side there is a property in which very old coconut palms, arecanut and other trees were seen. The eastern boundary has a fallow wet land lying as such after which, again, a house is seen constructed in the next plot. The data bank indicates the property to be 'nilam' and so does the revenue records.