----------------------- The petitioner filed this writ petition seeking for a directions to the respondents to make appropriate corrections in the Basic Tax Register in respect of property situated in Survey Nos.63/5, 63/3 and 63/8 in Block No.44 of Irumpazhi Village, Irumpazhi Amsom, Ernad Taluk, Malappuram. The petitioner's case is that the above property is actually dry land. But in the revenue records the property is described as 'Nilam'.
2. In the counter affidavit filed by the 3rd respondent, it is stated that as per the data bank prepared according to the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (Act 28 of 2008 for short), the property situated in Re-Survey No.63/3 having an extent of 0.0680 hectors of land included as wet land which can be used for paddy cultivation. It is also stated that property in Resurvey No.63/5 having an extent of 0.0975 hectors included as a converted land in the year 2014 and property situated in Resurvey W.P.(C).No. 24895 of 2014
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No.63/8 having an extent of 0.1200 Hectors as wet land converted on 2003. It seems that petitioner's property is partly included in data bank as wet land which can be used for paddy cultivation and other portion is wet land converted in the year 2004, 2003. Therefore, the petitioner shall approach the Local Level Monitoring Committee to correct the details of the property which is now classified as wet land or nilam in the draft data bank as revealed in the counter affidavit. If the details are corrected, the petitioner shall approach the District Collector or Revenue Divisional Officer, in whose jurisdiction the property is situated for seeking a permission to utilise the land for other purposes. If the properties are not corrected in draft data bank, it is also open for the petitioner to use such portion of land which is converted land for utilising it for other purposes. Therefore, the petitioner shall approach the Local Level Monitoring Committee to correct the W.P.(C).No. 24895 of 2014
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details of the property and on correcting details petitioner shall approach the Collector for utilising the land for other purposes.
The writ petition is disposed of.
A.MUHAMED MUSTAQUE, JUDGE jm/