RAJESH CHAKKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 54.47 ares comprised in Sy.No.278/4, 280/2 and 280/3 of Muringoor Thekkummury Village in Thrissur District, is shown as 'paddy land' in the village records. The said property of the petitioner is included in the draft data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act'). The petitioner filed Ext.P2 application, before the 2nd respondent, which is pending consideration. The prayer of the petitioner is to direct the Local Level Monitoring Committee, the 2nd respondent herein, to consider and dispose of Ext.P2 application within a reasonable time.

(2.) In such circumstance, the 2nd respondent is directed to consider the request, within a period of two months from the date of receipt of a certified copy of this judgment, 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 the application 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 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 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 physical inspection of the property and then the LLMC shall consider the application at Ext.P2 in accordance with law.