The petitioner is the owner of the properties comprised in Re-survey Nos.182/5, 182/7, 182/8 and 183/7 of Koorikkadu Village in Kanayannur Taluk. The petitioner has approached this Court seeking a direction to record the above properties as a dry land in the revenue records.
2. In this matter, a statement has been filed on behalf of the 4th respondent. It is stated in the statement that the land comprised in Re-survey No.183/7 is a dry land and the lands comprised in Re-survey Nos.182/7 and 182/8 are recorded as reclaimed land in the draft data bank. The land comprised in Re-survey No.182/5 is recorded as reclaimed land with coconut trees having five years age. It is further stated that 19.26 Ares of land is classified as paddy land in the draft data bank. It is further submitted that the petitioner has reclaimed the land without obtaining permission. The fact remains that the entire land except to the extent 19.26 Ares in Re-survey No.182/5 is classified as a converted land.
In view of the above, I am of the view and considering the nature of the lands except the land situated in Re-survey No.182/5 having an extent of 19.26 Ares of land, shall be permitted to utilize for other purposes by the District Collector. Therefore, the petitioner shall approach the District Collector for utilizing the land for other purposes. If the petitioner moves an application before the District Collector, the District Collector shall consider the application in terms of Clause 6 of the Kerala Land Utilization Order and grant necessary permission to utilize the land for other purposes. However, in respect of the land shown as a paddy land in the draft data bank in Re-survey No.182/5 having an extent of 19.26 Ares of land, the petitioner shall approach the Local Level Monitoring Committee to correct the details. According to the petitioner, this property is also converted land. Therefore, the petitioner 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 to find out whether the property having extent of 19.26 Ares of land situated in Re-survey No.182/5 can be classified as a 'Nilam' as on the date of the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ( for short, the 'Act 28 of 2008'). If it cannot be classified as 'Nilam' as on the date of the enactment of the Act 28 of 2008, necessarily corresponding changes shall be effected in the draft data bank. Once the property is corrected in the draft data bank, it is also open for the petitioner to approach the District Collector to utilize the land in Re-survey No.182/5 for other purposes in terms of Clause 6 of the Kerala Land Utilization Order. Needful shall be done by the Local Level Monitoring Committee within four weeks from the date of receipt of the application from the petitioner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln