The petitioner claims to be the owner in possession of 1 Acre 14 Cents of land in Survey No.237/2 of Kodakara Village. Since the property was included as 'nilam' in the draft Data Bank, the petitioner approached the 3rd Respondent. The 3rd Respondent inspected the site and observed that this property is now planted with coconut trees. It seems that the petitioner's property has been reclaimed before the Act 28 of 2008, as seen from Ext.P5. However, instead of taking a decision, the Local Level Monitoring Committee forwarded the recommendation to the District Collector and the District Collector by Ext.P6 informed the petitioner that he has no role in the matter of correction of draft Data Bank. The petitioner has approached this court feeling aggrieved by the action of the 3rd Respondent in not acting upon Ext.P5. 2. The learned Government Pleader, on instruction, submits that the draft notification has not been published so far.
2. Considering the facts and circumstances, I am of the view that the 3rd Respondent shall take a decision if the property is reclaimed before Act 28 of 2008. Necessarily, this power is vested with the 3rd Respondent as conferred upon them in terms of Rule 4 (2)(b) of the Rules framed under Act 28 of 2008. Therefore, needful shall be done based on Ext.P5 within a period of three W.P.(C) No.25649 of 2014 2 weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
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