Kerala High Court
Rabiya vs The District Collector on 25 July, 2017
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 25TH DAY OF JULY 2017/3RD SRAVANA, 1939
WP(C).No. 24601 of 2017 (A)
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PETITIONER(S):
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RABIYA,
W/O KURUNGADAN MUHAMMEDALI,
AGED 40 YEARS, KARIMBINGAL HOUSE,
MORAYUR AMSOM, MONGAM DESM,
KONDOTTY TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
COLLECTORATE, MALAPPURAM,
PIN-676505.
2. THE REVENUE DIVISIONAL OFFICER,
TIRUR, MALAPPURAM DISTRICT,
PIN-676101.
3. THE TAHSILDAR,
KONDOTTY TALUK,
MALAPPURAM, PIN-673638.
4. THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER,
MORAUYUR KRISHI BHAVAN,
MALAPPURAM DISTIRCT, PIN-673649
BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-07-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 24601 of 2017 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK IN
THE MORAYUR VILLAGE.
EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER CLAUSE 6 OF THE
KERALA LAND UTILIZATION ORDER BEFORE THE 2ND
RESPONDENT DATED, 23-6-2017.
RESPONDENT(S)' EXHIBITS - NIL
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TRUE COPY
PS TO JUDGE
TS
K. VINOD CHANDRAN, J
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W.P(C) No.24601 of 2017 A
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Dated this the 25th day of July, 2017
J U D G M E N T
The petitioner is aggrieved with the fact that the land, owned by the petitioner, having a total extent of 19.1072 cents comprised in Re-Sy.No. 449/7 of Morayur Village is shown as 'nilam' in the revenue records. The said property is included in the data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as converted land. The petitioner contends that the conversion was done before 1995. The petitioner filed Ext.P2 application under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order") before the 2nd respondent, which is pending consideration. The prayer of the petitioner is to direct WPC.No. 24601/2017 : 2 : the 2nd respondent herein, to consider and dispose of Ext.P2 application filed under Clause (6) of the KLU Order, within a reasonable time.
2. Since the land is included in the draft data bank as converted land 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 the application under the KLU Order, by the 2nd respondent, if the same is filed in original and pending before the authority.
3. 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 WPC.No. 24601/2017 : 3 : concerned Village Officer. The Agricultural Officer shall then 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 petitioner, 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 a physical inspection of the property WPC.No. 24601/2017 : 4 : and submit a report before the District Collector/RDO as to the lie and nature of the property, 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 petitioner on an application made.
4. 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 petitioner and consider the application, within a period of two months from that date.
The writ petition is disposed of as above. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge