LAWS(KER)-2017-4-180

GEETHA NAIR W/O LATE V. RAMAN NAIR Vs. KODUMBA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KODUMBA, CHITTUR TALUK, PALAKKAD 678 551 AND OTHERS

Decided On April 06, 2017
Geetha Nair W/O Late V. Raman Nair Appellant
V/S
Kodumba Grama Panchayath Represented By Its Secretary, Kodumba, Chittur Taluk, Palakkad 678 551 And Others Respondents

JUDGEMENT

(1.) The petitioner, who is stated to be in ownership and possession of an extent of .0364 hecters of land in Block No.46 Resurvey No.158/1 of Kodumba village, has approached this Court aggrieved by Ext.P4 stop memo that was issued to him while he was constructing a residential building in the said property pursuant to a building permit that was obtained by him from the respondent Panchayat. The stop memo was issued on the allegation that the petitioner was constructing the building on land, which was shown as 'Nilam' in the revenue records.

(2.) When the writ petition came up for admission, this Court called for a report from the 2nd respondent, who is the Convener of the Local Level Monitoring Committee [LLMC], with regard to the lie and nature of the property and specifying whether the property in question was included in the draft/notified data bank. A report has since been filed by the 2nd respondent, on 19.01.2017, it is stated that the land belonging to the petitioner is not included in the data bank prepared for the region. Taking note of the said report, and the judgments of this Court and the Supreme Court in Adani Infrastructure & 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: