John Jose v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 31999 of 2015 (Y) --------------------------------------- PETITIONER(S):
----------------------- JOHN JOSE, KUNNAPPALLIL HOUSE, MUHAMMA P.O., ALAPPUZHA-688 525.
BY ADVS.SRI.M.P.ASHOK KUMAR SMT.R.S.MANJULA RESPONDENT(S):
--------------------------
1. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA DISTRICT-688 001.
2. THE SUB COLLECTOR, CIVIL STATION, ALAPPUZHA DISTRICT-688 001.
3. THE TAHASILDAR, CHERTHALA, ALAPPUZHA DISTRICT-688 524.
BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 31999 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:PHOTOCOPY OF THE CERTIFICATE ISSUED BY PANCHAYATH DATED 19.12.2009.
EXT.P2:PHOTOCOPY OF THE RESIDENTIAL BUILDING PERMIT DATED 16.03.2010. EXT.P3:PHOTOCOPY OF THE BUILDING PERMIT FOR COMPOUND WALL DATED 24.06.2010.
EXT.P4:PHOTOCOPY OF THE OWNERSHIP CERTIFICATE 18.03.2010 ISSUED BY PANCHAYATH.
EXT.P5:PHOTOCOPY OF THE LUXURY TAX ASSESSMENT ORDER DATED 09.10.2013 ISSUED BY TAHSILDAR.
EXT.P6:PHOTOCOPY OF THE RELEVANT PAGE OF LAND IDENTIFICATION DETAIL DATED NIL.
EXT.P7:PHOTOCOPY OF THE APPEAL DATED 28.09.2012 FILED BEFORE THE 3RD RESPONDENT.
EXT.P8:PHOTOCOPY OF NOTICE DATED 19.09.2013 ISSUED BY 2ND RESPONDENT. EXT.P9:PHOTOCOPY OF REPORT OF THE VILLAGE OFFICER DATED 04.09.2013 SEND TO THE 2ND RESPONDENT.
EXT.P10:PHOTOCOPY OF THE NOTICE DATED 16.06.2015 ISSUED BY 1ST RESPONDENT.
EXT.P11:PHOTOCOPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED NIL. EXT.P12:PHOTOCOPY OF THE ORDER DATED 26.09.2015 ISSUED BY 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 31999 of 2015 --------------------------------------------------------- Dated this the 20th day of November, 2015
JUDGMENT
The petitioner is the owner of 8.10 Ares of land and property comprised in Survey No.421/3-2 of Thannermukkam S. Village, Muhamma Panchayath, Cherthala. According to the petitioner, this is a converted land before the enactment of Act 28/2008.
2. The petitioner approached this Court aggrieved by an order passed by the District Collector under Section 13 of the enactment of Act 28/2008.
3. The learned Government Pleader submits that in the Draft Data Bank, this land is classified as a fallow paddy land and the Draft Data Bank has not been finally notified.
4. In that view of the matter, this Court is of the view that the petitioner shall approach the Local Level
W.P.(C).No. 31999 of 2015 -2Monitoring Committee to correct the entry relating to the property.
If the petitioner approach Local Level Monitoring Committee within two weeks from the receipt of a copy of this judgment, the Local Level Monitoring Committee shall conduct a site inspection to find out whether the property can be classified as a fallow paddy land as on the date of enactment of Act 28/2008. If it cannot be classified as a fallow paddy land necessarily, entry relating to the petitioner's property shall be corrected. Needful shall be done within two months after issuing notice to the petitioner. Till a final decision is taken by the Local Level Monitoring Committee, status quo will continue. In the event, the Local Level Monitoring Committee finds that the Draft Data Bank need not be corrected, the Official respondents are free to enforce impugned order in accordance with law.
The writ petition is disposed of as above.
Sd/- A. MUHAMED MUSTAQUE JUDGE bpr