P K AYYOOB, Vs DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD

The petitioner is aggrieved with the fact that the land,

owned by the petitioner, having an extent of 12.4 Ares, comprised

in Re-survey No.4/10 (old Survey No.197/15C) in Block 33 of Aluva

East Village, is shown as ''Nilam'' in the Basic Tax Register [for

brevity "BTR". According to the petitioner, aforesaid property and

the property comprised in Re-survey No.4/16, which is described

as "Purayidom", are lying contiguously. The property comprised in

Re-survey No.4/10 is said to be included as "partially filled in the

year 2001" in the data bank prepared under Section 5(4)(i) of the

Kerala Conservation of Paddy Land and Wet Land Act, 2008 [for

brevity "Paddy Land Act"]. The petitioner filed Exhibit P7 application

before the District Collector, the 1st respondent, and Exhibit P8

application before the Local Level Monitoring Committee, the

additional 4th respondent, which are pending consideration. The

prayer of the petitioner is to direct the Local Level Monitoring

Committee to consider and dispose of Ext.P8 application and the

District Collector to consider and dispose of Exhibit P7 application

within a reasonable time.

In such circumstance, the additional 4th respondent is

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

No.34/2017/Revenue dated 30.05.2017, Exhibit P8, 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 Ext.P8

application 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

Paddy Land Act from the Director, Kerala State Remote Sensing

and Environment Center (KSREC), Vikas Bhavan, C-Block,

Thiruvananthapuram, Kerala, PIN - 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 removes the land from the data bank,

the decision of the LLMC shall be communicated to the District

Collector or the lie and nature of the property, as it exists at

present, shall be reported, along with the report from the KSREC.

A copy of the decision/report of the LLMC and the report of the

KSREC shall be issued to the petitioner on an application made.

On receipt of the report of the LLMC, along with the

satellite map and report forwarded by the KSREC, the 1st

respondent shall issue notice to the petitioner and consider Exhibit

P7 application, within a period of two months from the date of

receipt of the report of the aforesaid reports.

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