Petitioner aggrieved by the order passed by the District Collector under Sec.13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, “Act 28 of 2008) has preferred this Writ Petition. Petitioner is the owner in possession of 13 cents of land in Block 3 of RS 180/5 of Thenhipalam Amsom of Thirurangadi Desom. According to the petitioner, this property is reclaimed long before the enactment of Act 28 of 2008. Therefore proceedings initiated by the District Collector is unsustainable.
2. A counter affidavit has been filed on behalf of the District Collector. It is stated that this property is classified as paddy land in the draft data bank, produced as Ext.R2(a).
3. Petitioner's case is that it is erroneously included as nilam and this property cannot be classified as nilam as there are buildings in the property. In view of the petitioner's contention as above, petitioner shall approach the Local Level Monitoring Committee with an application to correct the details in the draft data bank, which shall be done within a period of two months W.P(C).No.28738 of 2014N 2 from the date of receipt of a copy of this Writ Petition. The Local Level Monitoring Committee shall conduct inspection and find out whether this property can be treated as nilam as on the date of enactment of the Act 28 of 2008. If the property cannot be treated as nilam, necessary correction shall be entered in the draft data bank. Needful shall be done within a period of six weeks from the date of receipt of a copy of such application from the petitioner. Till an order is passed by the Local Level Monitoring Committee, status quo shall be maintained. The proceedings based on Ext.P7 will be depend upon the decision of the Local Level Monitoring Committee.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/21/11/14