KRISHNANKUTTY MENON Vs. DISTRICT COLLECTOR, KOZHIKODE

JUDGEMENT

(1.) The 1st petitioner is the owner in possession of property having an extent of 4.048 Ares of land in Re-Survey No.23/1G (old Survey No.25/3) of Kattooli Village, Kozhikode District. The 2nd petitioner is the owner of property having an extent of 12.24 Ares comprised in the very same Survey number. They have acquired the said properties by virtue of Exts.P1 and P2 documents. The grievance of the petitioners is that, the properties were included in the Data Bank as wetland, erroneously. In such circumstances, they submitted Exts.P8 and P9 applications in Form 5 which were considered by the 2nd respondent and Ext.P12 and P13 orders were issued. As per Exts.P12 and P13, the 2nd respondent found that the properties are wetland and therefore not liable to be excluded from the Data Bank. Challenging Exts.P12 and P13 orders this writ petition was submitted by the petitioners.

(2.) A statement is submitted by the respondent in response to the averments contained in the writ petition wherein, it is averred that Exts.P12 and P13 decisions were taken after inspecting the land and being found that there was water logging in the properties of the petitioners, even on non-rainy season. Therefore they sought to justify the stand taken by the 2nd respondent in Ext.P12 and P13.

(3.) Heard, Sri.Sandesh Raja. K, the learned counsel appearing for the petitioners and Smt. Deepa V, the learned Government Pleader appearing for the State.