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Judgment
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.