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Judgment
Sathish Ninan, J.
The petitioner confines his relief for an expeditious consideration of Ext.P7 application dated 05.06.2020 submitted by him before the 7th respondent
in terms of Section 27A(6) of the Kerala Conservation of Paddy land and Wetland Act, which provides for exemption from the application of Section
27A and the requirement to pay fee as prescribed thereunder, for change of user.
According to the petitioner, he intends to put up a residential building of only 73.15 Sq. M. area in 2.02 Ares of land and thus is entitled for the
benefit of sub-section 6 of Section 27A. The said provision reads thus:-
“(6) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994), no
permission under this section shall be necessary for constructing a residential building having a maximum area of 120 square meters in a maximum extent of 4.04
ares of land or a commercial building having a maximum area of 40 square meters in a maximum extent of 2.02 ares of land.
Provided that the construction of a housing complex or complexes or flats or multi-storied residential complexes shall not come within the meaning of residential
building specified in this sub-section.
provided further that this exemption shall be granted only once.â€
In terms of sub-section 7 to Section 27A, the exemption under sub-section 6 shall be applicable only if the land in question is 'un-notified land'.
Therefore, while considering the application of the petitioner it needs to be ascertained as to whether the land in question is “un-notified†land or
not. Be that as it may, it is for the 7th respondent to consider the same.
Accordingly, without expressing anything on merits, the writ petition is disposed of directing the 7th respondent to consider and pass appropriate orders
on Ext.P7 application, on verifying the relevant records including the Data Bank. Orders shall be passed as expeditiously as possible.