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1. The petitioner has approached this Court, aggrieved by Ext.P5 communication issued by the 3rd respondent rejecting an application for numbering a
building constructed by the petitioner, inter alia, on the ground that the land in which the building was constructed was shown as “Nilam “ in the
revenue records.
2. When the matter came up for admission, this Court had called for a report from the Local Level Monitoring Committee [LLMC], as regards the
nature and lie of the land belonging to the petitioner. A report has since been filed by the LLMC, which would indicate that the land belonging to the
petitioner was converted well prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred
to as '2008 Act'). Taking note of the said report of the LLMC, the writ petition is disposed,
(i) by declaring that the land of the petitioner in Sy.No.R.S.No.211 at Puzhathi Amsom Desom of Kannur District is not either paddy land or wet land,
for the purposes of inclusion in the Land Data Bank prepared in accordance with the 2008 Act.
(ii) The additional 5th respondent LLMC is directed to exclude the said land of the petitioner from the Land Data Bank. If the data bank is at the draft
stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised,
and notified through publication in Gazette, then the additional 5th respondent shall issue a corrigendum notification showing the exclusion of the land
from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the additional 5th respondent shall, after excluding
the land from the data bank, issue a certificate to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment,
certifying that the land in question has been excluded from the data bank. The petitioner can utilise the said certificate for approaching the 4th
respondent, before whom Ext.P7 application for permission to utilise the land for other purposes is pending. The 4th respondent shall consider and pass
orders on Ext.P7 application preferred by the petitioner for conversion of user of the said land within a period of six weeks from the date of production
of the certificate of the additional 5th respondent, before him.
(iii) The petitioner shall, in the event of obtaining certificate from the additional 5th respondent, and the order from the 4th respondent permitting
conversion under the KLU Order, produce the same before the 2nd respondent, and the 2nd respondent shall consider the application for numbering of
building, afresh, in the light of the said certificate/order produced, and de hors the description of the property in the Basic Tax Register. The 2nd
respondent shall pass fresh orders, as directed within a period of three weeks on the petitioner producing the order of the 4th respondent under the
KLU Order. To enable the 2nd respondent to do so, I quash Ext.P5 communication of the 3rd respondent.
(iv) The petitioner shall also, in the event of receipt of the certificate from the LLMC, and the order permitting conversion under the KLU Order,
produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in
the Basic Tax Register.
