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High Court of KeralaWP(C)/6622/2015disposed of

P.H.Muhammed v. Sub Collector, Fort Kochi

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 6622 of 2015 (C) --------------------------- PETITIONER :

----------------------- P.H. MUHAMMED, AGED 55 YEARS S/O. HUZAIN, NARIPARAMBIL, KANJIRAMATTOM AMBALLOOR.

BY ADVS.SRI.P.J.JUSTINE SRI.K.R.ARUN SMT.GIA MATHAI KANDATHIL RESPONDENT(S) :

----------------------------

1. SUB COLLECTOR, REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.

2. AGRICULTURAL OFFICER (AMBALLOOR) CONVENER-LOCAL LEVBEL MONITORING COMMITTEE AMBALLOOR-682315.

3. VILLAGE OFFICER, AMBALLOOR, MEMBER-LOCAL LEVEL MONITORING COMMITTEE AMBALLOOR-682315.

R1 TO R3 BY SPL. GOVT. PLEADER SRI. P.K. SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 6622 of 2015 (C) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE APPLICATION DATED 12.3.2014 SUBMITTED BEFORE THE IST RESPONDENT.

EXHIBIT P2(a), (b) AND (c):

THE TRUE COPY OF PHOTOGRAPHS SHOWING THE LIE AND NATURE OF PETITIONER'S PROPERTY.

EXHIBIT P3:

THE TRUE COPY OF THE REPORT DATED 18.3.2014 FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P4:

THE TRUE COPY OF VERIFICATION REPORT DATED 25.4.2014 FILED BY THE 2ND RESPONDENT BEFORE THE IST RESPONDENT.

EXHIBIT P5:

THE TRUE COPY OF REPLY DATED 3.9.2014 BY THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.6622/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd Day of December, 2015

J U D G M E N T

The petitioner's request for correction of the entry in the data bank has been rejected by stating that there is no provision to correct the said entry.

2.

Admittedly, the land in question is recorded as nilam in the village records and the Data Bank. By Ext.P5, the request of the petitioner is rejected by stating that the Local Level Monitoring Committee has no power to correct the entry relating to the land referred in the Data Bank. 3.

This Court is of the view that the Local Level Monitoring Committee has sufficient power to correct the entry relating to the Data Bank. Therefore, the Local Level Monitoring Committee shall reconsider the matter after conducting a site inspection. It has to be found out whether the property is classified as paddy land or not. Appropriate decision shall be taken within two months. It is made clear that this exercise shall be made by the Local Level Monitoring Committee, if the Data Bank is not finally notified.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms