Petitioner approached this Court aggrieved by Ext.P6 notice issued by the Revenue Divisional Officer alleging that the petitioner has contravened Act 28 of 2008 by reclaiming the land. Petitioner claims to be in possession of property situated in resurvey No.453/6, 7, 8, 9, 9A and 454/1,2 of Alangode Village, Paravur Taluk. Petitioner on receipt of Ext.P6 has raised his objection by Ext.P7. However, no action has been taken to lift the prohibition effected in Ext.P6. Accordingly, petitioner has approached this Court.
2. Learned counsel for the petitioner submits that this property cannot be treated as nilam or wet land under Act 28 of 2008. Therefore, prohibition has to be lifted.
3. Learned Government Pleader on instruction submits that this property is classified as nilam in the draft data bank and therefore, prohibition in Ext.P6 cannot be lifted.
4. Petitioner has a case that this property is reclaimed before the Act 28 of 2008. It is also submitted that by appearance of the property, this property can be treated as purayidam or dry land. It is also submitted that the property is not included in the W.P(C).No.23230 of 2014 C 2 draft data bank.
5. Considering the submission of learned Government Pleader that the property can be treated as nilam in draft data bank, I am of the view, petitioner shall approach the Local Level Monitoring Committee within a period of two weeks from the date of receipt of a copy of this judgment. The Local Level Monitoring Committee shall conduct site inspection after issuing notice to the petitioner and find out whether property can be treated as nilam under Act 28 of 2008. If the property cannot be treated as nilam under the Act 28 of 2008, necessary order shall be passed stating the above fact. Thereafter, petitioner shall approach the Revenue Divisional Officer, to lift Ext.P6 order. Needful shall be done within a period of six weeks on receipt of application from the petitioner by the Local Level Monitoring Committee. Till a final decision is taken in the matter by the Revenue Divisional Officer or the Local Level Monitoring Committee, status quo shall be maintained.
The Writ Petition is disposed of as above.
Sd/-
Sbna/20/10/14 A.MUHAMED MUSTAQUE, JUDGE.