Unnikrishnan R v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 34074 of 2015 (H) ---------------------------- PETITIONER :

----------------- UNNIKRISHNAN. R., AGED 55 YEARS, S/O. LATE RAMANKUTTY, RESIDING AT CHETTIKULAM HOUSE, GURUKULAM JN.ALATHUR.P.O, ALATHUR VILLAGE & DESOM, PALAKKAD DISTRICT, PIN-678541.

BY ADVS.SRI.SHOBY K.FRANCIS SMT.MISHAL M.DASAN RESPONDENTS :

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1. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, PALAKKAD-678001.

2. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, (AGRICULTURAL OFFICER ALATHUR), OFFICE OF THE AGRICULTURAL OFFICER KRISHI BHAVAN ALATHUR (ALATHUR GRAMA PANCHAYATH LIMITS) ALATHUR.P.O, PALAKKAD, .PIN-678541.

3. VILLAGE OFFICER, ALATHUR VILLAGE, ALATHUR.P.O, PALAKKAD DISTRICT PIN-678541.

4. ALATHUR GRAMA PANCHAYATH, REPRESENTED BY ITS PRESIDENT/SECRETARY, ALATHUR.P.O., PALAKKAD-678541.

BY SPL. GOVERNMENT PLEADER SRI.P.K. SOYUZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34074 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE REGISTERED TITLE DEED NO.4501/2009 DATED 29-9-2009 OF THE SRO.ALATHUR P2:

TRUE COPY OF THE BASIC TAX RECEIPT 20-4-2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

P3:

TRUE COPY OF THE ORDER DATED 15-2-1989 ISSUED BY THE 1ST RESPONDENT UNDER KLU TO THE PETITIONER'S LATE MOTHER. P4:

TRUE COPY OF THE RECEIPT DATED 16-10-2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

P5:

TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 26-10-2015 IN A2-10466/2015 ISSUED TO THE PETITIONER P6:

TRUE COPY OF THE ORDER OF DEMOLISH DATED 26-10-2015 ISSUED BY THE 4TH RESPONDENT IN A2-10076/2015.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

======================== W.P(C)No.34074 of 2015 ============================ Dated this the 3rd day of December, 2015

JUDGMENT

Petitioner is the owner of property comprised in Re-Survey No.446/11 of Alathur Village. According to the petitioner, it is a converted land in which a building constructed in the year1989 exists. It is stated by the petitioner that, the land is erroneously included in Draft Data Bank as 'Nilam'.

2. Learned Government Pleader submits that Draft Data Bank has not been finally notified so far.

3. This court is of the view, if the petitioner approaches the Local Level Monitoring Committee to correct the mistake crept in the Draft Data Bank, the same shall be considered within two months from the date of receipt of the application. If it is found that it cannot be classified as Nilam, needful shall be done to that effect. Till a decision is taken by the Local Level Monitoring Committee, 'status quo' shall be maintained.

Writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/04/12/15