SALIM M. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioners, who are husband and wife, are stated to be in ownership of 12.5 Cents of land in Re.Sy.No.236/5 of Mannar Village in Chengannur Taluk. . It is the case of the petitioners in the writ petition that, Ext.P3 application for building permit, submitted by the petitioners before the 5th respondent, has not been considered by the said respondent till date, on the ground that the land in question was described as 'Nilam' in the revenue records.

(2.) The learned Government Pleader, on instructions, would submit that the land belonging to the petitioners is not included in the land data bank prepared for the region.

(3.) Taking note of the said submission of the learned Government Pleader, on instructions, and the judgments of this Court and the Supreme Court in Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala - [2015 (1) KLT 651] ; Local Level Monitoring Committee under Kerala Conservation of Paddy Land and WetLand Act, 2008 v. Ali Akbar - [2015 (1) KLT 906] ; Revenue Divisional Officer, Fort Kochi and Others v. Jalaja Dileep and Another - [2015 (2) KHC 109] and Local Level Monitoring Committee Constituted under Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 in Kizhakkambalam Grama Panchayat v. Mariumma - [2015 (2) KLT 516] , by which, it is now settled that it is only if the property is included in the land data bank, and is described as 'Nilam' in the Basic Tax Register, that the provisions of the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the '2008 Act'], will apply, and otherwise it is the Kerala Land Utilization Order, 1967 [hereinafter referred to as the 'KLU Order'] that will regulate the conversion of lands, the writ petition is disposed with the following directions: