MANJU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) W.P.(C) No.27995 of 2017-Y = Dated this the 24th day of August, 2017 Judgment The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 29.02 ares, 04.82 ares and 06.70 ares comprised in R.SNos. 168/2-2, 168/4-2 and 168/5 of Ayyampuzha Village, Aluva Taluk, Ernakulam District, is shown as 'nilam' in the Basic Tax Register (BTR). 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') as "converted land". The petitioner filed Ext.P4 application, before the 4th respondent, which is pending consideration. The prayer of the petitioner is to direct the Local Level Monitoring Committee, the 4th respondent herein, to consider and dispose of Ext.P4 application within a reasonable time.

(2.) In such circumstance, the 4th 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 Kerala Conservation of Paddy Land and Wet Land Act, 2008 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 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 petitioners, 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.