The Judgment of the Court was delivered by
K. Vinod Chandran, J.:— The petitioner is aggrieved with the non consideration of Ext.P2 application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”). The land is not included in the data bank prepared for the area, is the specific contention.
2. This Court had called for a report from the Local Level Monitoring Committee (LLMC), which is placed on record by the learned Government Pleader, by memo dated 20.05.2017 The LLMC has reported that 25 cents of property, which is the subject matter of the writ petition, comprised in Survey No. 538/4 of Thrikkaruva Village, is not included in the data bank. It is also reported that there are buildings including temple and residences in the adjacent properties.
3. The conclusion of the LLMC is as follows:
“From the entires in the aforesaid records and findings arrived on site inspection, the LLMC has concluded that the aforesaid 25 cents is dry land prior to the enactment of Kerala Conservation of Paddy Land and Wet Land Act, 2008. The LLMC has the opinion that this 25 Cents land in Survey No. 538/4 of Thrikkaruva Village is not to be included in land Data Bank as paddy land or wet land.”
4. The property not being included in the data bank, the same is covered by the decision of the Hon'ble Supreme Court in Revenue Divisional Officer v. Jalaja Dileep - 2015 (1) KLT 984 SC and the petitioner is entitled to file an application under Clause (6) of the KLU Order. Ext.P2 is the application filed under Clause (6) of the KLU Order before the District Collector.
5. In the circumstance of the LLMC having reported that the property is not included in the data bank and on physical inspection, confirmed that the property is lying as dry land, it is only proper that the District Collector order conversion of user, as sought for in Ext.P2 On such conversion being allowed, the petitioner could also seek for fresh assessment before the land tax authorities to change the category of land in the revenue records, as declared in Kizhakkambalam Grama Panchayath v. Mariumma - 2015 (2) KLT 516. The District Collector shall pass orders within a period of one month from the date of receipt of the certified copy of the judgment.
6. The writ petition is allowed. No Costs.