MANIKANDAN. V., S/O. VELLIYANKIRI Vs STATE OF KERALA

The petitioner is aggrieved with the fact that the

land, owned by the petitioner, having an extent of 0.1093

Hectors in R.S No.371/7 in Block No.37 of Marutha Road

Village in Palakkadu District, is shown as ''nilam'' in the revenue

records. The said property of the petitioner is said to be

included in the data bank prepared under Section 5(4)(1) of

the Kerala Conservation of Paddy Land and Wet Land Act,

2008 (for brevity ''the Paddy Land Act''). The petitioner filed

Ext.P8 application, before the 3rd respondent, for removal of

entry in respect of their properties from the draft data bank

and Ext.P9; an application filed under Clause (6) of the Kerala

Land Utilization Order, 1967, (for brevity "KLU Order") before

the additional 5th respondent for conversion of use of land,

which are pending consideration. The prayer of the petitioner

is to direct the 3rd and additional 5th respondents herein, to

consider and dispose of Exts.P8 and P9 applications

In such circumstance, since, the petitioner in

the aforesaid writ petition seeks a direction to the 3rd

respondent to delete the property of the petitioner from the

data bank and declare that the property of the petitioner is

not liable to be included in the data bank. Such a relief can be

appropriately sought before the Local Level Monitoring

Committee as per the amendment brought to the Paddy Land

Act by the amended Rule 4(6) of the Kerala Paddy Land and

Wetland Rules, 2008. Hence the 3rd respondent is directed to

consider the request under the amendment G.O.(P)

No.34/2017/Revenue dated 30.05.2017 for removing the

property from the data bank after conducting site inspection

and ascertaining the nature of land as on the date of

enforcement of the Paddy Land Act and with report received

from the Kerala State Remote Sensing and Environment

Center (KSREC), if the application is filed in original and

pending before the authority.

Since the land is included in the draft data

bank and the description is shown as ''nilam'' in the revenue

records, it is only proper that a report is received from the

Local Level Monitoring Committee (LLMC) and Kerala State

Remote Sensing and Environment Center (KSREC) before

consideration of Ext.P9 application by the additional 5th

respondent, if the same is filed in original and pending before

the authority.

The petitioner shall produce a copy of the writ

petition before the Agricultural Officer, the Convener of the

Local Level Monitoring Committee, along with the copy of the

Field Measurement Book and Survey and Sub-division

numbers with respect to the property obtained from the

concerned Village Officer. The Agricultural Officer, shall seek a

report of the lie and nature of the property as it remained on

the date of coming into force of the Kerala Conservation of

Paddy Land and Wet Land Act, 2008, from the Director, Kerala

State Remote Sensing and Environment Center (KSREC), Vikas

Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On

the direction of the Agricultural Officer so to do, the petitioner

shall remit the required fees in the name of the petitioners,

C/o. the concerned Agricultural Officer (showing the full

address) before the KSREC for obtaining such report and

produce such receipt before the Agricultural Officer. The

Agricultural Officer shall then obtain the report and map from

the KSREC, who shall issue the same on the strength of the

receipt produced by the Agricultural Officer. The Agricultural

Officer, on receipt of the report, shall require the LLMC to

conduct physical inspection of the property and then the

LLMC shall consider the application at Ext.P8 in accordance

with law. If the LLMC permits it, the additional 5th respondent

shall consider Ext.P9 application to obtain conversion of user

under Clause (6) of the Kerala Land Utilization Order, 1967 and

also in accordance with M.K.Shivadasan v. Revenue

Divisional Officer [2017 (3) KLT 822].

The writ petition is disposed of as above. No costs