R.M.SURESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are aggrieved with the fact that the land, owned by them, having a total extent of 104.500 cents in Sy.No.22/2A in Kuttikattoor Village, Kozhikode Taluk, Kozhikode District, is shown as 'nilam/nuncha' in the revenue records. The said property is included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity "Paddy Land At"). It is submitted that the property originally belonged to the 1st petitioner and his brother one Jayadevan. Jayadevan expired and petitioners 2 to 4 are impleaded as his legal heirs. The petitioners contend that the aforesaid property is a a dry land/paramba. There also exists many yielding trees for the last several years and the property is not suitable for any cultivation. The prayer of the petitioner is to direct the 2nd respondent District Collector to consider and dispose of Ext.P1, an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order"), within a reasonable time.

(2.) Since the land is included in the draft data bank and the description is shown as 'nilam/nuncha' in the revenue records, 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 Ext.P1 application by the 2nd respondent, if the same is filed in original and pending before the authority.

(3.) The petitioners 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 then 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 petitioners 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. 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 W.P.(C)No.18845/2017 of the report, shall require the LLMC to conduct a physical inspection of the property and submit a report before the Sub- Collector 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.