Back
2014 Supreme(Online)(KER) 49088
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
ROMY CHACKO – Appellant
Versus
THE AGRICULTURAL OFFICER – Respondent
WRIT PETITION (CIVIL) 34622/2014
The decision underscores the importance of accurately determining property classifications under land utilization laws, enabling property owners to rectify official records.
Headnote:
Correction - Property - Act 28 of 2008 - Summary: The court addressed the reclamation status of land under Act 28 of 2008, emphasizing the need for Local Level Monitoring Committee to consider the property’s classification as nilam and determine the necessary corrections based on prior reclamation.
Fact of the Case:
The petitioner, claiming ownership of a property in Vazhakkala Village, sought direction for correcting details of the property classified as nilam in the draft data bank, arguing it was reclaimed before the enactment of Act 28 of 2008.
Finding of the Court:
The court found that the petitioner should approach the Local Level Monitoring Committee to assess the property’s classification and correct it if the property was not nilam as of the enactment date.
Issues: Whether the Local Level Monitoring Committee should correct the classification of the property from nilam based on its reclamation status prior to Act 28 of 2008.
Ratio Decidendi: The court determined that the Local Level Monitoring Committee must evaluate the property's classification in accordance with relevant legal precedents and the provisions of Act 28 of 2008.
Final Decision: The writ petition was disposed of with directions for the Local Level Monitoring Committee to act within six weeks.
JUDGMENT
Petitioner claims to be the owner in possession of property in Survey No.450/4 Block No.8 in Vazhakkala Village. Petitioner has approached this Court seeking for a direction to the first respondent to consider the application for correcting details in the draft data bank.
2. Learned Government Pleader on instruction submits that this property is included as nilam in the draft data bank.
3. Petitioner has a case that this property has been reclaimed long before the Act 28 of 2008 and it appears, the property is a dry land.
4. Petitioner submits that the property was reclaimed long before the Act 28 of 2008. The remedy available to the petitioner is to approach the Local Level Monitoring Committee to correct the details of property situated in Survey No.450/4 Block No.8 in Vazhakkala Village. Local Level Monitoring Committee shall consider the application in the light of the decision in Castlerock Projects and Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545] and find out whether as on the date of enactment of Act 28 of 2008, this property can be treated as nilam. If it is found that this property cannot be treated as nilam, the Local Level Monitoring Committee shall correct the details in the draft data bank. Once the entry is corrected, it is open for the petitioner to approach the District Collector, Ernakulam under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. The application submitted by the petitioner before the Local Level Monitoring Committee is produced as Ext.P3. Needful shall be done by the Local Level Monitoring Committee within a period of six weeks from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
