A comprehensive evaluation of land status is essential before finalizing applications related to land use classification under the pertinent statutory laws.

J U D G M E N T

The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 13.76 Ares in Re-Survey Nos.279/10-3 and 279/26, of Angamaly Village in Ernakulam District, is shown as 'nilam' in the village records and basic tax register. The property of the petitioner is included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and is shown as 'nilam'. But, based on a judgment in W.P.(C) No.34795/2015, the Local Level Monitoring Committee (LLMC) had inspected the property and decided that though the land is included in the Data Bank, the same is converted prior to 2008.

2. The report of the LLMC produced as Ext.P1 indicates that there are trees standing in the said property having more than 40 years. It is also reported that there are three buildings existing in the property, in one of which there was also functioning a rice mill, which, now is closed down. The petitioner filed Ext.P2 application, before the 2nd respondent, which is pending consideration. The prayer of the petitioner is to direct the District Collector, the 2nd respondent herein, to consider and dispose of Ext.P2, an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”)

within a reasonable time.

3. Since the land is included in the draft data bank as 'converted land' and the description is shown as 'nilam' in the Basic Tax Register (B.T.R), it is only proper that a report is received from the Agricultural Officer before consideration of Ext.P2 application by the 2nd respondent, if the same is filed in original and pending before the authority.

4. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSRSEC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioner, C/o. the concerned Agricultural Officer (showing the full address) before the KSRSEC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSRSEC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall conduct physical inspection of the property and submit a report before the District Collector as to the lie and nature of the property, as it exists at present, along with the report from the KSRSEC.

5. The report of the Agricultural Officer, along with the satellite map and report forwarded by the K.S.R.S.E.C shall be forwarded to the 2nd respondent and the 2nd respondent shall, then issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer.

The writ petition is disposed of. No Costs.