J U D G M E N T
The petitioner is the owner in title and possession of 5.26 Ares of land comprised in Survey No.686-1-1 of Kunnukara Village. It is contended that though the said property is lying as 'Purayidam' for more than three decades, it is shown as 'Nilam' in the Basic Tax Register and also in the draft data bank. Seeking exclusion of the said land from the land data bank, he preferred an application as is evidenced by Ext.P2. When the same was not considered, he approached this Court and by Ext.P3 judgment, the respondent Nos.3 and 4 were ordered to consider the application and pass appropriate orders. However, the same was not done. It is further contended that while the matter was pending as aforesaid, the Kerala State Remote Sensing and Environment Centre (KSRSEC) has given Ext.P4 report on an application filed by the petitioner. The said report will also substantiate the case of the petitioner. He has therefore approached this Court seeking the following reliefs:
(i) To issue a writ of mandamus directing the 3rdand 4threspondents to dispose of the application submitted by the petitioner for change of category of land in the draft data bank in respect of the property of the petitioner, for which Ext.P2 receipt has been issued, considering Exhibit P4 report, within a time limit fixed by this Hon'ble Court;
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2. Heard Sri. Anoop V. Nair, the learned counsel appearing for the petitioner and the learned Government Pleader.
3. Having regard to the facts and circumstances and the submissions made across the bar, this Writ Petition is disposed of, directing the 3rdrespondent to take up the application submitted by the petitioner herein for change of category of land in the draft data bank after considering the relevant documents including Ext.P4 report and pass appropriate orders on its merits, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with the judgment to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
/True Copy/ NS P.A. To Judge
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF TAX RECEIPT IN RESPECT OF
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER AFTER SUBMISSION OF
APPLICATION FOR CORRECTION OF CATEGORY
OF LAND IN THE DRAFT DATA BANK.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC
NO.3678/2018 DATED 02/02/2018 PASSED BY THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE REPORT ISSUED BY THE
KSREC TO THE PETITIONER DATED NIL IN
RESPECT OF THE LIE AND NATURE OF THE
PROPERTY.
RESPONDENT'S/S EXHIBITS : NIL
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