The petitioner has preferred an application, as evidenced by Ext.P4 receipt, before the 1st respondent, for exclusion of his land comprising of 6.88 ares of land (17 cents) in Sy. No.530/1 of Vellattanjoor village, from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P5 application before the 5th respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order. The limited prayer is for a direction to the 1st and 5th 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.3846 Of 2018 (E) 2
(i) The 1st respondent shall consider and pass orders on the application preferred by the petitioner, as evidenced by Ext.P4 receipt, 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 1 st respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 5 th respondent shall consider Ext.P5 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 1st respondent, before him.
(iii) The petitioner shall, on receipt of the order from the 1st respondent, and the order from the 5th respondent 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.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/05.02.18 W.P.(C).No.3846 Of 2018 (E) 3