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High Court of KeralaWP(C)/23990/2015disposed of

Abida v. The Local Level Monitoring Committee

2015-09-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 23990 of 2015 (W) ---------------------------- PETITIONER:

------------------- ABIDA, W/O.THAHA, AGED 41 YEARS, ANAMANGADAN, PATTIKKAD P.O, PERINTHALMANNA TALUK, KARYAVATTOM VILLAGE, MALAPPURAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

1. THE LOCAL LEVEL MONITORING COMMITTEE, VETTATHUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, VETTATHUR, MALAPPURAM DISTRICT, PIN-679 325.

2. THE DISTRICT LEVEL AUTHORIZED COMMITTEE, MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER (RDO), PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 325. BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 23990 of 2015 (W) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KARIYAVATTOM DATED 14-8-2014.

P2 :

TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KARIYAVATTOM VILLAGE DATED 18-8-2014. P3 :

TRUE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER. P4 :

TRUE COPY OF THE ORDER OF SECRETARY, VETTATHUR GRAMA PANCHAYAT, DATED 20-11-2014.

P5 :

TRUE COPY OF THE REPRESENTATION DATED 18-12-2014 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 23990 of 2015 ================== Dated this the 7th day of September, 2015

J U D G M E N T

The petitioner approached the first respondent to correct the entry in the data bank by Ext.P5 application. 2.

According to the petitioner, the land referred in the Ext.P5 application, was converted before the Act 28 of 2008 and it cannot be treated as a paddy land.

3.

This Court is of the view of that Ext.P5 shall be received by the first respondent and take appropriate steps to consider the same within the period of two months from the date of receipt of the copy of the judgment. The petitioner shall produce Ext.P5 application along with the judgment before the first respondent.

4.

The first respondent shall conduct a site inspection to find out whether the land can be treated as a paddy or wet land as on the date of enactment of the Act 28 of 2008. If land cannot be considered as a paddy or wet land as on the date of

W.P.(C).No. 23990 of 2015 - : 2 :- the enactment of the Act 28 of 2008, necessarily, appropriate corresponding change shall be effected in the draft data bank The writ petition is disposed of as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE