MOHAMMED BASHEER, S/OABDUL RAHIMAN CHALINGATTU Vs STATE OF KERALA

The petitioners are aggrieved with the fact that the

lands, having an extent of 10 Cents owned by the 1st

petitioner and 16 Cents owned by the 2nd petitioner

comprised in Survey No.202/2 of Edavilangu Village are

shown as ''nilam'' in the village records and basic tax

register. The properties of the petitioners are not included

in the draft data bank prepared under Section 5(4)(i) of the

Kerala Conservation of Paddy Land and Wet Land Act,

2008. The petitioners'' properties are lying as a pucca

garden land for more than 35 years and there are age old

coconut trees and other trees in the said properties, is the

contention raised. The petitioners filed Ext.P4 application,

before the 2nd respondent, which is pending consideration.

The prayer of the petitioners is to direct the Revenue

Divisional Officer (RDO), the 2nd respondent herein, to

consider and dispose of Ext.P4, an application filed under

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

brevity "KLU Order"), within a reasonable time.

Since the lands are not included in the draft data

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

Tax Register (B.T.R), 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.P4 application

by the 2nd respondent, if the same is filed in original and

pending before the authority.

The petitioners shall produce a copy of the writ

petition before the Agricultural Officer, the Convener of the

LLMC, along with the copy of the Field Measurement Book

and Survey and Sub-division numbers with respect to the

properties obtained from the concerned Village Officer. The

Agricultural Officer shall then seek a report of the lie and

nature of the properties 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

petitioners 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 properties and submit a report before the

RDO as to the lie and nature of the properties, as it exists at

present, along with the report from the KSREC. A copy of

the report of physical inspection conducted by the LLMC

and of the report of the KSREC shall be issued to the

petitioners on an application made.

On receipt of the report of the LLMC, along with

the satellite map and report forwarded by the KSREC, the

2nd respondent shall issue notice to the petitioners and

consider the application, within a period of two months from

the date of receipt of the report of the Agricultural Officer.

The writ petition is disposed of as above. No costs.