BINASH DAVID Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking that his application preferred under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act' for short) before the Revenue Divisional Officer (RDO), with respect to a property, having an extent of 2.83 Ares in Sy.No.79/1, 10.32 Ares in Sy.No.79/2 and 0.81 Ares in Sy.No.77/9 of Alangadu Village, be directed to be taken up and disposed of at the earliest.

(2.) The petitioner asserts that the property in question is not included in the Data Bank prepared by the Local Level Monitoring Committee (LLMC) under the provisions of the Act and that it is a garden land remaining as such for the last several years, if not for decades. The petitioner, therefore, asserts that the RDO is now enjoined to consider his application at the earliest and prays that the said authority be directed to do so within a time frame to be fixed by this Court.

(3.) The learned Government Pleader appearing on behalf of the official respondents submits that if Exhibit P3 application is still pending before the RDO, 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 declaration 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.