Pradeepkumar v. The District Collector, Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 32945 of 2014 (P) ---------------------------- PETITIONER(S):

-------------------------- PRADEEPKUMAR, S/O. GOVINDANKUTTY NAIR, AGED 46 YEARS, RESIDING AT 28/248 A, 'SAKETHAM', POTTAMMAL JUNCTION, CHEVARAMBALAM, KOZHIKODE - 673 017.

BY ADVS. SRI.SANTHEEP ANKARATH, SRI.ARUN MATHEW VADAKKAN.

RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM, PIN: 676 505.

2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT, PIN: 676 101.

3. ADDITIONAL TAHSILDAR, TALUK OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN: 679 577.

* ADDL. R4 IMPLEADED

4. THE CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, (AGRICULTURAL OFFICER), THAVANUR, AYANKALAM P.O., MALAPPURAM DISTRICT-679 573.

* ADDL. R4 IS IMPLEADED AS PER ORDER DATED 21/12/2015 IN I.A. NO.18197/2015.

BY GOVT. PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 32945 of 2014 (P) APPENDIX PETITIONER'S EXHIBITS:- P1:

TRUE COPY OF ORDER NO.B4-526/2013 DATED 09/05/2014 ISSUED BY THE 1ST RESPONDENT AND RECEIVED BY THE PETITIONER ON 21/05/2014. P2:

TRUE COPY OF THE REPORT DATED 10/02/2014 OF THE VILLAGE OFFICER, THAVANOOR.

P3:

TRUE COPY OF JUDGMENT DATED 02/06/2014 IN WP(C).NO.13290/2014 PASSED BY THIS HON'BLE COURT.

P4:

TRUE COPY OF REPRESENTATION DATED 05/07/2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

P5:

TRUE COPY OF NOTES OF ARGUMENT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND DATED 30/07/2014. P6:

TRUE COPY OF ORDER NO.B4-526/2013 DATED 16/08/2014 ISSUED BY THE 1ST RESPONDENT.

P7:

TRUE COPY OF PETITION DATED 03/09/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P8:

TRUE COPY OF LETTER NO.G2-3327/08 DATED 30/09/2014 ISSUED BY THE 3RD RESPONDENT ALONG WITH ANNEXURES.

P9:

TRUE COPY OF ORDER NO.F-7713/2010 DATED 01/10/2014 ISSUED BY THE 2ND RESPONDENT.

P10:

COPY OF THE APPLICATION DATED 09/12/2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT'S EXHIBITS:- EXT.R1A COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK. //TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.32945/2014 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st Day of December, 2015

J U D G M E N T

The petitioner aggrieved by the order passed under the Act 28 2008 has approached this Court.

2.

The petitioner's case is that the land in question is a converted land. Therefore, the petitioner shall approach the Local Level Monitoring Committee by Exhibit-P 10 to correct the entry relating to his property. 3.

In that view of the matter, the Local Level Monitoring Committee shall conduct an inspection to find out whether the land in question is classified as paddy land. If it cannot be classified as paddy land, necessary correction shall be carried out in the draft data bank. If it is corrected, the impugned orders shall be revoked. However, if it is not corrected, the respondents are free to implement the impugned orders. Till a decision is taken in the matter by the respondents, status quo as on today shall be maintained.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms