LAWS(KER)-2019-1-174

N. MADHUSOODANAN PILLAI Vs. LOCAL LEVEL MONITORING COMMITTEE

Decided On January 03, 2019
N. Madhusoodanan Pillai Appellant
V/S
Local Level Monitoring Committee Respondents

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows.

(2.) Heard Sri.R.Ramadas, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for the respondents.

(3.) According to the petitioner he has purchased the property concerned on the basis of Ext.P-1 registered sale deed No.390/2018 dated 2.3.2018 of SRO, Mavelikkara. Exts.P-2 and P-3 are the land tax receipts issued to the petitioner's predecessor wherein the land has been shown as "Garden Land/Purayidam". In Ext.P-4 possession certificate issued to the said predecessor the property has again been classified as "Garden Land/Purayidam". The petitioner's predecessor had obtained Ext.P-5 building permit from the Chettikulangara Grama Panchayath for construction of a residential building in the said property. Ext.P-6 is the certificate issued by the Agricultural Officer concerned certifying clearly that the abovesaid property in question is not included in the data bank prepared under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Thereafter the 2nd respondent Tahsildar has now issued impugned Ext.P-7 order dated 6.4.2018 behind the back of the petitioner and without affording a reasonable opportunity of being heard to the petitioner whereby he has unilaterally changed the classification of the land as "Nilam/Paddy Field" instead of the earlier classification as "Purayidam", and has unilaterally corrected the entries in the Basic Tax Register and the Thandaper Account as per Exts.P-8 and P-9.