E.A. SUGATHAKUMAR Vs. THALIKKULAM GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner asserts that his property, having an extent of 47.39 cents comprised of in Sy.Nos.375/3, 340/4, 375/7, 375/8 and 375/6 of Thalikkulam Village, is a garden land, remaining as such for the last several years and much prior to the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act' for short), but that it has been incorrectly included in the draft Data Bank prepared by the Local Level Monitoring Committee (LLMC) constituted under the provisions of the said Act. He, therefore, submits that he had preferred Exhibit P4 application before the LLMC under the provisions of Rule 4(6) of the Kerala Conservation of Paddy Land and Wet Land Rules ('the Rules' for short) but that no action has been taken until now and prays that the same be directed to be taken up and disposed of within a time frame to be fixed by this Court.

(2.) The learned Government Pleader appearing on behalf of the official respondents submits that if Exhibit P4 application is still pending before the LLMC, then there is no legal impediment in the same being taken up and considered in terms of law; however, praying that this Court make no affirmative declarations on the entitlement of the petitioner to any relief as sought for by him in the said application and leave it to the said Authority to take an apposite decision in terms of law.

(3.) When I consider the afore submissions, it is obvious that going by the provisions of Rule 4(6) of the Rules since the Data Bank is only in its draft stage, it is solely for the LLMC to take a decision on the request of the petitioner to delete the property in question from the same. I am, therefore, of the view that this Court would only be justified in ordering this writ petition, directing consideration of Exhibit P4 application within a time frame to be fixed by this Court.