GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners submit that their property, comprised of 29.27 Ares in Re.Sy.Nos.225/17, 225/18 and 225/19 of Maradu Village, have been converted much prior to the year 1967 and are not included in the Data Bank prepared by the Local Level Monitoring Committee (LLMC for short), under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Paddy Land Act' for short).

(2.) According to the petitioners, they commenced construction in the said property on the strength of a valid Building Permit obtained from Maradu Municipality, but that when it was sought to be renewed, they refused to do so, stating that the property is included as a 'paddy land' in the Basic Tax Register and the Revenue Records and therefore, that they must obtain necessary clearance from the Revenue Divisional Officer (RDO for short) under the provisions of Section 27A of the Paddy Land Act.

(3.) The petitioners say that the afore stand of the Municipality is contrary to law, since their property having been converted much prior to the coming into force of the Kerala Land Utilization Order (KLU Order for short), they are not liable to obtain any permission under Section 27A of the Paddy Land Act. They, therefore, pray that the properties in question be declared to be not covered by the provisions of the Paddy Land Act and to be treated as 'dry land/converted land' for all purposes, including assessment to Land Tax.