Petitioner claims to be the owner in possession of property in resurvey No.450/4 Block No.8 in Vazhakkala Village. Petitioner has approached this Court seeking for a direction to the first respondent to consider the application for correcting details in the draft data bank.
2. Learned Government Pleader on instruction submits that this property is included as nilam in the draft data bank.
3. Petitioner has a case that this property has been reclaimed long before the Act 28 of 2008 and it appears, the property is a dry land.
4. Petitioner submits that the property was reclaimed long before the Act 28 of 2008. The remedy available to the petitioner is to approach the Local Level Monitoring Committee to correct the details of property situated in resurvey No.450/4 Block No.8 in Vazhakkala Village. Local Level Monitoring Committee shall consider the application in the light of the decision in Castlerock Projects and Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545] and find out whether as on W.P(C).No.34690 of 2014 2 the date of enactment of Act 28 of 2008, this property can be treated as nilam. If it is found that this property cannot be treated as nilam, the Local Level Monitoring Committee shall correct the details in the draft data bank. Once the entry is corrected, it is open for the petitioner to approach the District Collector, Ernakulam under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. The application submitted by the petitioner before the Local Level Monitoring Committee is produced as Ext.P3. Needful shall be done by the Local Level Monitoring Committee within a period of six weeks from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/22/12/14