The Local Level Monitoring Committee, Kakkoor, is suo motu impleaded as additional 5th respondent. The Registry will carry out necessary corrections in the cause title. 2. The petitioner's property situated in R.S.No.35/1 on Naduvalloor Desom in Kakkoor Village, Kozhikode, is classified as wet land in the BTR and in the Draft Date Bank. The petitioner submits that this is a land reclaimed long back and he has put up residential building in the year 1997 and also has constructed shop rooms. The petitioner approached this Court challenging the cancellation of possession certificate issued by the Village officer. Ext.P7 is the cancellation communication issued by the Village officer. This Court by its order dated 27/10/2014 called for a report from the Village Officer concerned. Based on that order, the report has been placed before this Court. In the report, it is indicated that the property seems to be dry land for the last 40 years. It is also found that 25 numbers of coconut trees having aged more than 40 years, 35 numbers of arecanut trees having age of more than 30 years and 4 numbers of mango trees having aged more than 25 years are standing in the above property. It is also stated that residential building and the shopping complex are situated in the property. It is also stated in the report that in the basic tax register, the property is shown as 'Nilam' whereas in the A- Register and the Draft Data Bank prepared as per the provisions of the Act 28/2008, the property is classified as wet land.
3. In view of the facts stated above, the entry in the Draft Data Bank classifying the petitioner's property as wet land is erroneous. The Local Level Monitoring Committee shall correct the entry pertaining to the petitioner's property as reclaimed land prior to 2008. Cancellation of the possession certificate is set aside. It is made clear that the petitioner's property shall be treated as a reclaimed land. The petitioner is free to undertake any construction in the property in accordance with law. The 2nd respondent-Panchayat shall take up the petitioner's application for construction of building and issue necessary building permit in accordance with law, without insisting for production of any order from the Local Level Monitoring Committee or any other authority.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.