High Court of KeralaWP(C)/25444/2015disposed of

Manu Saju v. The District Collector Thrissur

2015-09-04Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 25444 of 2015 (E) ---------------------------- PETITIONER :

--------------------- MANU SAJU AGED 28 YEARS S/O.SAJU CHACKO, 'MENACHERY', KOTHAKULANGARA, ANGAMALY, ERNAKULAM DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENTS :

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

1. THE DISTRICT COLLECTOR CIVIL STATION, AYYANTHOLE, AYYANTHOLE P.O.

THRISSUR DISTRICT - 680 003.

2. THE TAHSILDAR MUKUNDAPURAM TALUK, ALUVA, ERNAKULAM - 680 307.

3. THE VILLAGE OFFICER PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, PARIYARAM THRISSUR DISTRICT - 680 721.

4. THE LOCAL LEVEL MONITORING COMMITTEE (CONSTITUTED UNDER S.5 OF THE KERLA CONSERVATION OF PADDY AND WET LAND ACT, 2008), REPRESENTED BY ITS CONVENOR THE AGRICULTURAL OFFICER, SAKTHAN ARCADE THRISSUR - 680 001.

R1 TO R4 BY SPL. GOVT. PLEADER SRI. P.K. SOYUS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 25444 of 2015 (E) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO.3548/2008 OF SUB REGISTRY, CHALAKKUDY DATED 06.06.2008. EXHIBIT P2.

TRUE COPY OF THE REPRESENTATION DATED 12.04.2015 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

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

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.25444 of 2015 ---------------------------------- Dated this the 4th day of September, 2015.

J U D G M E N T

The petitioner has approached the 4th respondent-the Local Level Monitoring Committee by Ext.P2 for correcting the entries and details in the draft Data Bank.

2. It is submitted by the learned Government Pleader that the property is described as 'nilam' in the draft Data Bank.

3. The petitioner's case is that the property is a converted land much before the enactment of Act 28 of 2008. Therefore, this Court is of the view that, there shall be a direction to the 4th respondent to conduct site inspection of the property in the presence of the petitioner and find out the nature of land. If it is found that the land is converted much before the Act, necessarily, corresponding changes shall be effected in the draft Data Bank. Needful shall be done within a period of 2 months of receipt of copy

W.P.(C)No.25444 of 2015 of this judgment, after giving notice to the petitioner based on Ext.P2.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge