The petitioner has been ordered to restore a property classified as ‘Nilam’ to its original position by Ext.P3 order passed by the District Collector, Thrissur. Challenging the above order, the petitioner has preferred revision before the Government by Ext.P4. The petitioner also moved the Local Level Monitoring Committee to correct the details in the draft data bank. According to the petitioner, the property is a dry land and planted with coconut trees and other trees. The petitioner submits that this property was converted long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is further submitted that even though, it is classified as ‘Nilam’ in the Basic Tax Register, this property is not a ‘Nilam’.
W.P.(C) No.30935 of 2014 2 In view of Ext.P5 application before the Local Level Monitoring Committee, there shall be a direction to the Local Level Monitoring Committee to take up Ext.P5 after conducting local inspection. The Local Level Monitoring Committee shall find out whether this property can be treated as ‘Nilam’ as on the date of the enactment of the Act 28 of 2008. If the property cannot be classified as ‘Nilam’ as on the date of the enactment of the Act 28 of 2008, necessary changes shall be effected in the draft data bank. If the details regarding the properties are corrected in the draft data bank, necessarily, the District Collector shall recall Ext.P3 order. The Local Level Monitoring Committee shall take a decision on Ext.P5 within a period of four weeks from the date of receipt of a copy of this judgment. Till a decision is taken by the Local Level Monitoring Committee, status quo shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln