High Court of KeralaWP(C)/27690/2015disposed of

Ashokan v. Local Level Monitoring Committee, Thalikulam

2015-09-14Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27690 of 2015 (I) ------------------------------------------ PETITIONER(S) :

------------------------- ASHOKAN, AGED 70 YEARS, S/O.KUNJIKITTU, PULIPARAMBIL HOUSE, THALIKULAM, THRISSUR DISTRICT.

BY SRI.RENJITH THAMPAN (SENIOR ADVOCATE) ADV. SMT.P.R.REENA RESPONDENT(S) :

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

1. LOCAL LEVEL MONITORING COMMITTEE, THALIKULAM REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHIB BHAVAN, THALIKKULAM, THRISSUR, PIN- 680 569.

2. VILLAGE OFFICER, THALIKKULAM VILLAGE, THALIKULAM P.O., THRISSUR DISTRICT, PIN- 680 569.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27690 of 2015 (I) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.222/94 DATED 07.02.1994. EXHIBIT P2: PHOTOGRAPH SHOWING PETITIONER'S PROPERTY. EXHIBIT P2(A): PHOTOGRAPH SHOWING PETITIONER'S PROPERTY. EXHIBIT P3: TRUE COPY OF THE REQUEST DATED 25.08.2015 SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No.27690 of 2015 ---------------------------------------- Dated this the 14th day of September, 2015

J U D G M E N T

The petitioner claims that he is the owner and is in possession of landed property in Re-Survey No.349/8 of Thalikkulam Village.

2. According to the petitioner, his land is a converted land much before the enactment of Act 28/2008. However, it is erroneously entered as a paddy land in the draft data bank. The petitioner approached the Local Level Monitoring Committee by Ext.P3 to correct the entry in the draft data bank.

3. If the draft data bank has not been finally notified, there will be a direction to the first respondent to consider the same after conducting the site inspection in the presence of the petitioner. The first respondent shall find out as to whether the property can be classified as a paddy land as on the date of enactment of Act 28/2008.

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If the property cannot be classified as above as on the date of enactment of Act 28/2008, necessary corrected entry shall be effected in the draft data bank. Needful shall be done within a period of 2 months of receipt of copy of this judgment, after giving notice to the petitioner.

The writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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