SHAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of the properties having an extent of 58.50 cents of land in Sy. No. 297/1 of Wandoor Village, Vaniyambalam Amsom and 98.90 cents of property comprised in Sy. Nos. 52/6, 52/3, 54/37 in Block No. 93 of Nilambur Village, Nilambur Taluk, which came to the hands of the petitioner by virtue of relevant title deeds. The learned Counsel for the petitioner submits that, eventhough the physical nature of the property is 'dry land', the same has been described as 'Nilam' in the revenue records. In the said circumstance, the petitioner has preferred Ext. P2 series representations before the third respondent for getting the Basic Tax Register corrected, for enabling the petitioner to enjoy the properties in a better manner. Since no positive action has been taken by the 3rd respondent, the petitioner has approached this Court by filing this writ petition.

(2.) A statement has been filed On behalf of the third respondent, pointing out that the property stands included in the Data Bank Register, a true copy of which has been produced before this Court as Annexures R3(a)/R3(b) respectively. The learned Government Pleader, with reference to the statement filed, submits that the concerned Village Officer has reported that the nature of the property has been described as "Nilam' in the revenue records and as 'Tharishu' in the Draft Data Bank Register. It is stated that the said land also comes within the definition of the paddy land (as defined under Sec. 2(xii) of the Act 28,2008) though the property is lying uncultivated, as above. In view of categorisation, the remedy of the petitioner is to approach the concerned 'Local Level Monitoring Committee' for getting it excluded on substantiating the facts and figures. On the basis of the order to be passed by the competent authority, it is open for the petitioner to approach the second respondent by filing necessary proceedings under the Kerala Land Utilisation Order, so as to put the property for some other use, submits the learned Government Pleader.

(3.) After hearing both the sides, the petitioner is set at liberty to approach the Local Level Monitoring Committee, by filing necessary application within 'two weeks', upon which, the matter shall be considered by the 4th respondent and appropriate orders shall be passed, after conducting a spot inspection and perusing the relevant records and also after affording an opportunity of hearing to the petitioner. The proceedings shall be finalised at the earliest, at any rate within 'six' weeks from the date of receipt of the application. It is made clear that the petitioner will be free to approach the second respondent on the basis of the proceedings as above, for getting appropriate orders under the Kerala Land Utilisation Order. If any such application is filed, the same shall be considered and appropriate orders shall be passed by the second respondent as well, at the earliest, at any rate, within '6' weeks thereafter.