AI Structured Summary
Not yet generated for this judgment
Judgment
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.