The petitioner has preferred Ext.P7 application before the 2 nd respondent, seeking a deletion of his land comprising of 0.820, 0.2529, 0.1160, 0.0749 and 0.0035 hectares of property in R.S.Nos.232/4, 232/13/2, 232/14, 232/2/2 and 233/2/2 of Kunnathunadu Village of Ernakulam District, from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P6 application before the 3rd respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order. The limited prayer is for a direction to the 2 nd and 3rd respondents to consider and pass orders on the applications preferred by the petitioner, expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:
W.P.(C) No.10026 of 2018 (C)
(i) The 2nd respondent shall consider and pass orders on Ext.P7 application preferred by the petitioner, within a period of three months from the date of receipt of a copy of this judgment, if need be, after hearing the petitioner.
(ii) In the event of the 2 nd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 3rd respondent shall consider Ext.P6 application preferred by the petitioner for conversion of user of the said land, and pass orders thereon within a period of one month from the date of production of the order of the 2nd respondent, before him.
(iii) The petitioner shall, in the event of obtaining clarification from the 2nd respondent and the order from the 3 rd respondent permitting conversion under the KLU Order, produce the same before the 4th respondent Panchayat, who shall consider Ext.P4 application for building permit, afresh, in the light of the said certificates.
(iv) The petitioner shall, in the event of receipt of the order from the 2nd respondent, and the order from the 3 rd respondent permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh -3- W.P.(C) No.10026 of 2018 (C) assessment and consequential change in the classification of the land in the Basic Tax Register.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE nkr/05.04.2018