Proper verification of land use and status is mandatory before addressing applications related to land classification under applicable statutes.

J U D G M E N T

The petitioner is aggrieved with the fact that the land, owned by the petitioner, having a total extent of 0.0024 Ares, 0.0398 Ares, 0.0525 Ares and 0.0785 Ares, 0.1366 Ares and 0.0526 Ares respectively comprised in Survey Nos.52/19, 53/2, 53/1, 52/20/B, 52/20/A and 52/2 of Edapally South Village, is shown as 'nilam' in the village records and basic tax register. The property of the petitioner is shown in the draft data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as '2006-Converted land'. The petitioner's property is lying as a pucca garden land and there are very aged standing trees in the said property, is the contention raised. The petitioner filed Ext.P5 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.P5, an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”), within a reasonable time.

2. Since the land is shown as '2006-Converted land' in the draft data bank 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 Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) before consideration of Ext.P5 application by the 2nd respondent, if the same is filed in original and pending before the authority.

3. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the LLMC, 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 (KSREC), 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 KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, 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 require the LLMC to 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 KSREC. A copy of the report of physical inspection conducted by the LLMC and of the report of the KSREC shall be issued to the petitioner on an application made.

4. On receipt of the report of the LLMC, along with the satellite map and report forwarded by the KSREC, the 2nd respondent shall 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 as above. No costs.