Petitioner claims to be the owner-in-possession of 6.5 cents of property in Re-Survey No.232/1 in Mullurkara Village in Thalappilly Taluk. Though this property is a dry land and reclaimed before more than 20 years back, it is submitted that it is shown as ‘nilam’ in the BTR. Petitioner challenges Ext.P5, an order passed by the District Collector, where by the petitioner was directed to restore the above land. 2. Considering the fact that this property was included as ‘nilam’ in the BTR, the remedy available to the petitioner is to approach the Local Level Monitoring Committee within a period of two weeks from the date of receipt of a copy of this judgment. If the Local Level Monitoring Committee finds that this land was reclaimed before the enactment of Act 28 of 2008, necessarily the entries in the draft data bank shall be corrected. If such an order is passed, Ext.P5 shall be recalled. This shall be done in the light of the judgment of this Court in Castlerock Projects and W.P.(C).No.26512 of 2014
2
Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545]. Local Level Monitoring Committee shall consider and pass appropriate orders on Ext.P4 within a period of six weeks from the date of receipt of a copy of the application. Till then status quo shall be maintained. Further action based on Ext.P5 will be depend upon the outcome of such decision by Local Level Monitoring Committee.
Writ petition is disposed of.
jm/ A.MUHAMED MUSTAQUE, JUDGE