P V BEERANKUTTY HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P15 order passed by the State Government dated 11.08.2014, whereby the respondents under the provisions of the Kerala Land Utilization Order were directed to identify whether the property belonging to the petitioner is to be included in the Data Bank constituted as per the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, 'the Act, 2008'), and take appropriate action accordingly. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the owner in possession of 41.17 cents of property comprised in Re-survey No.11/17 of Tirur Village, Malappuram District. In the title deed as well as in the revenue records, the tenure of the property is shown as 'Nilam'. But, according to the petitioner, the property was reclaimed as a garden land 15 years back, and no paddy cultivation has been carried on in the property for the past more than 15 years. The nearby areas are fully developed and there are many buildings adjacent to the property of the petitioner. On the immediate northern side of the property, Tirur-Chempra road is situated and on further north, there is a commercial building having 12 rooms. On the other sides of the property also there are residential as well as commercial buildings.

(3.) Situation being so, petitioner filed an application dated 29.05.2004 before the 3rd respondent through the 5th respondent under Clause 6(2) of the Kerala Land Utilization Order, 1967, seeking permission for utilization of the property for other purposes. The 3rd respondent did not take timely action on the application. Finally, on the basis of a letter dated 01.12.2012, 3rd respondent forwarded the application along with the concerned file to the 5th respondent, stating that 4th respondent is the authority to consider the application for conversion submitted under the provisions of Kerala Land Utilization Order, 1967, prior to the coming into force of Act, 2008.