Petitioners claim to be owners of properties situated in Survey Nos.594/2B, 594/3A2, 593/5, 593/3, 686/1/14 & 593/3, 686/1/14 and 594/7A in Kanayannur Taluk. Petitioners submit that these properties have been classified as nilam in the draft data bank. According to the petitioner, these properties are planted with coconut trees and other trees and it cannot be treated as paddy or nilam in the draft data bank. Petitioners also rely on Ext.P4 report of the Village Officer wherein it is mentioned that there are coconut trees aged 40 years. Petitioners have approached the District Collector for correcting details in the data bank. Petitioners approached this Court on account of non consideration of Ext.P3 application by the District Collector.
2. The remedy available to the petitioners is to approach the Local Level Monitoring Committee to correct the details of the properties which are classified as nilam in the draft data bank. If the petitioners properties have been reclaimed long before the Act 28 of 2008, it cannot be treated as nilam in the draft data bank. Therefore, site inspection has to be conducted by the Local Level W.P(C).No.28293 of 2014J 2 Monitoring Committee and find out whether these properties can be treated as nilam as on the date of enactment of Act 28 of 2008. If these properties cannot be treated as nilam in the draft data bank as on the date of enactment of Act 28 of 2008, necessarily corresponding changes have to be made in the data bank. Therefore, petitioners shall approach the Local Level Monitoring Committee within two weeks from the date of receipt of a copy of this judgment. The Local Level Monitoring Committee shall conduct site inspection and take decision in the light of the judgment of this Court in Castlerock Projects and Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545] within a further period of two months after affording an opportunity of hearing to the petitioners.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/29/10/14