ABDUL HAMEED Vs. DISTRICT COLLECTOR, MALAPPURAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Material facts for the disposal of the writ petition in brief are as follows:-

(3.) A detailed statement is filed by the fourth respondent refuting the allegations, claims and demands raised by the petitioner. Among other contentions, it is stated that the property is a wet land and the same is a cultivable land after removing the partly filled red earth. The northern portion of the property is Tirur-Ponnani river and the said area is rich enough for cultivation as there are sufficient supply of water for the cultivation. That apart, it is stated that some portion of the red earth has been removed from the land, as per the direction issued by the District Collector. From the Office of the Krishi Bhavan, Tirur, another information report has also been issued and served to the RDO, Tirur dated 29.11.2014 with respect to the illegal filling carried out by the petitioner. It is also stated that on verification of the draft data bank, property of the petitioner is included and shown as paddy land. In accordance with the direction issued by this Court, the Local Level Monitoring Committee of Tirur Municipality was convened on 26.08.2016 and certain decisions have been taken in respect of the issue raised by the petitioner, evident from Ext.R4(a). During site inspection, the Committee has ascertained all matters in detail and certain photographs have also been taken, evident from Ext.R4(b). In view of the above set of facts, it is submitted that the claim of the petitioner in the above case does not have any legal and valid reasons for claiming the change in the status of the alleged land. Other contentions are also raised by the fourth respondent.