MOHAMMAD IQBAL Vs. KADUNGALLOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is aggrieved with the fact that the land, owned by the petitioner, having a total extent of 38.250 cents, comprised in Survey No.259/9 of Kadungalloor Village, is shown as 'nilam' in the village records and basic tax register. The property of the petitioner is not included in the draft data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner's property is lying in a developed area with large number of commercial establishments, godowns and houses, is the contention raised. The petitioner filed Ext.P7 application, before the additional 4th respondent, which is pending consideration. The prayer of the petitioner is to direct the RDO, the additional 4th respondent herein, to consider and dispose of Ext.P7, an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order"), within a reasonable time. Ext.P7 is an application to correct the BTR which is not permissible. The petitioner will have to file a proper application under Clause 6 for conversion of user.

(2.) Since the land is not included in the draft data bank and the description is shown as 'nilam' in the Basic Tax Register (B.T.R), 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 by the additional 4th respondent, if the same is filed before the authority.

(3.) The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the LLMC, 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 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 physical inspection of the property and submit a report before the 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.