Divakaran Nair v. The Village Officer, Kakkodi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 36373 of 2015 (V) ---------------------------- PETITIONER :
---------------------- DIVAKARAN NAIR, AGED 68, S/O. MADHAVA KURUP, VALIYAPARAMBATH, "DIVYAKARTHIK" MAKKADA P.O., KAKKODI, KOZHIKODE DISTRICT.
BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P.
RESPONDENT(S) :
----------------------------
1. THE VILLAGE OFFICER, KAKKODI, KOZHIKODE DISTRICT PIN - 673 611.
2. THE AGRICULTURAL OFFICER KRISHI BHAVAN, KAKKODI P.O.
KOZHIKODE DISTRICT, PIN - 673 611.
3. THE REVENUE DIVISIONAL OFFICER KOZHIKODE, PIN - 673 004.
4. THE DISTRICT COLLECTOR KOZHIKODE, PIN - 673 004.
5. LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA PADDY LAND & WET LAND ACT, 2008, REPRESENTED BY ITS SECRETARY, KAKKODI P.O.
KOZHIKODE DISTRICT, PIN - 673 611
6. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF AGRICULTURE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
R1 TO R6 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2015, ALONG WITH WP(C) NO. 36387/2015 & 36392/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 36373 of 2015 (V) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT. P1 - TRUE COPY OF THE JENMAM ASSIGNMENT DEED NO. 598/1982 DT. 10.3.1982.
EXT. P2 - TRUE COPY OF THE JENMAM ASSIGNMENT DEED NO. 679/1982 AND 19.3.1982.
EXT. P3 - TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DT. 12.11.2012.
EXT. P4 - TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT DT. 12.10.2015.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).36373/2015, 36387/2015 and 36392/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd Day of December, 2015
J U D G M E N T
The petitioner in 36373 of 2015 is the owner and in possession of 1 acre and 8.07 cents of land comprised in resurvey No. 51/3 of Moreekkara Desom, Kakkodi Village, Kozhikode. The petitioner in WPC 36387 of 2015 is the owner and in possession of 98 cents of land comprised in resurvey No. 792A and 792B of Mokavoor Desom, Elathur Village, Kozhikode. The petitioner in WPC 36392 of 2015 is the owner and in possession of 85.5 cents of land comprised in resurvey No. 79/1 and 79/2A of Mokavoor Desom, Elathur Village, Kozhikode. The aforesaid the land is classified as Paddy land in the draft data bank. According to the petitioners, the above land is a converted land and the same have been erroneously included as Paddy land in the draft data bank.
2.
This Court is of the view that the petitioners shall approach the Local Level Monitoring Committee to correct the entries relating to the land in the draft data bank. Therefore, the following directions are issued: The petitioner shall approach the Local Level Monitoring Committee within
W.P.(C).Nos.36373/2015, 36387/2015 & 36392/2015 -:2:- a period of one week from the date of receipt of a copy of this judgment. The Local Level Monitoring Committee shall on receipt of the applications from the petitioners, conduct an inspection to consider whether the land can be classified as Paddy land or wet land. If it cannot be classified as above, necessary action shall be taken to reclassify the same in the draft data bank. Notice of inspection shall be given to the petitioner. It is made clear that the Local Level Monitoring Committee need not act upon the above direction, if the draft data bank has been finally notified. The writ petitions are disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms