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2014 Supreme(Online)(KER) 8807
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
K N VIJAYAN – Appellant
Versus
TAHSILDAR, ADOOR TALUK – Respondent
WRIT PETITION (CIVIL) 9555/2014
Property classification under Act 28 of 2008 must consider the status of the land as of the enactment date, and the Local Level Monitoring Committee is responsible for this evaluation.
Headnote:
Land - Property Ownership - Kerala Act 28 of 2008 - Local Level Monitoring Committee
Fact of the Case:
The petitioner claimed ownership of property in specified survey numbers and sought a direction for the correction of details in the Basic Tax Register, contending that the property had been reclaimed before the implementation of Act 28 of 2008.
Issues: Whether the petitioner’s property should be classified as nilam in accordance with Act 28 of 2008.
Ratio Decidendi: The court emphasized the importance of evaluation by the Local Level Monitoring Committee based on the classification of the property at the time of the Act's enactment.
Final Decision: Writ Petition disposed of directing the Local Level Monitoring Committee to assess the property classification.
JUDGMENT
Petitioner claims to be the owner in possession of property in survey Nos.187/6 and 187/7 of Peringanadu Village. Petitioner has approached this Court seeking a direction to the respondent to consider Ext.P3 application for correcting details in the Basic Tax Register.
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 properties situated in Survey Nos.187/6 and 187/7 of Peringanadu 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, Pathanamthitta or RDO Adoor under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. 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 application after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
