Petitioner's property situated in resurvey No.42/2 in Parannur amsom, Narikkuni Village has been classified as wet land in the draft data bank. Petitioner has approached the Local Level Monitoring Committee to reclassify the land. However, by Ext.P1, it is declined stating that this was given after the last date for correcting details in the draft data bank. Petitioner approached the Government challenging the above. Thereafter, Ext.P3 order has been passed by the Government confirming the decision. It is challenging these orders, this Writ Petition is filed. To ascertain the nature of the land, this Court has appointed an advocate commissioner. Advocate commissioner filed a report. The report indicates that the property cannot be classified as a wet land. It is noted by the advocate commissioner that there are coconut trees more than 17 years of age and 20 other coconut trees aged between 20-30 years. It is also noted by the advocate commissioner that there are areca nut trees aged around 25-30 and 5 years.
W.P(C).No.23424 of 2014C 2 2. Considering the above, objections from the officials has been placed before this Court. It is admitted that the petitioner has reclaimed the land after August 2008 and there are trees having age of 10-20 years. Therefore, there is no dispute about trees in the property atleast having age of 10-15 years. Considering the above facts, I am of the view treating it as a wet land in the draft data bank is erroneous. Therefore, it is to be declared as a converted land before the Act 28 of 2008. If the draft data bank has been notified finally, for all practical purposes, this land shall be treated as a reclaimed land before the Act 28 of 2008 and petitioner cannot be proceeded for contravening the provisions under the Act 28 of 2008. If the draft data bank is not finally notified, Local Level Monitoring Committee shall make necessary corrections in the light of the report of the advocate commissioner, correcting the entry as converted land before Act 28 of 2008.
The Writ Petition is disposed of as above. No costs.
Sd/-
Sbna/02/12/14 A.MUHAMED MUSTAQUE, JUDGE.