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Judgment
The petitioner is concerned with 2.4 Ares of property
in Survey No.333/2-2 and 1.52 Ares of property in Survey
No.333/3-6 in Vengola Village, lying contiguous. The
petitioner wants to construct a residential house therein.
The petitioner applied for such construction, which was
declined by the local authority as per Ext.P4. It is
submitted by the learned Government Pleader that, both in
the data bank as also the revenue records the property is
described as ''nilam''.
This Court had directed the Local Level
Monitoring Committee (LLMC) to file a report after physical
inspection. The report of the Agricultural Officer is placed
on record and it has been specified that the LLMC, at
present, has not been constituted.
The report of the Agricultural Officer is produced
along with memo dated 27.02.2017. The Agricultural
Officer and the Village Officer had together visited the
property. It is stated that from the apparent appearance of
the property, the property is a fallow wet land. A half
constructed house is also seen in the plot. It is stated that
there is mud path on the western and southern side of the
property, which leads to other small houses, similarly
constructed in the fallow wet land, after dividing it into
small plots. On the northern side there is a property in
which very old coconut palms, arecanut and other trees
were seen. The eastern boundary has a fallow wet land
lying as such after which, again, a house is seen
constructed in the next plot. The data bank indicates the
property to be ''nilam'' and so does the revenue records.
The appropriate remedy of the petitioner is to
approach the LLMC for removal of the land from the data
bank and if the removal is permitted, the petitioner has to
approach the District Collector/Revenue Divisional Officer
(RDO) for conversion of user, as provided under Clause (6)
of the Kerala Land Utilization Order, 1967.
Leaving open such remedy, the writ petition is
disposed of, without any observation on merits. No Costs.