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2012 Supreme(Ker) 72

C.N.RAMACHANDRAN NAIR, BABU MATHEW P.JOSEPH
Jafarkhan – Appellant
Versus
K. A. Kochumakkar – Respondent


Advocates appeared:
For the Appellant:C.C. Thomas (Sr.), Mrs. Raji T. Bhaskar, Advocates.
For the Respondents:R2 & R3, M.M. Saidu Muhammed, SC, KFC, R1, P. Ravindran (Sr.), P. Deepak, R5 & R6, G.P. George Mecheril, Advocates.

Judgment

RAMACHANDRAN NAIR, J.

1. Connected Writ Appeals are filed challenging common judgment of the learned Single Judge directing the District Collector to enforce Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter called "the Act") against the appellant in respect of 12.70 ares of land stated to be converted by him from paddy land to garden land in violation of provisions of the Act. We have heard Senior counsel Sri.C.C.Thomas appearing for the appellant, Senior counsel Sri.P.Ravindran appearing for the first respondent, counsel appearing for the Panchayat and Government Pleader for the remaining respondents.

2. The facts leading to the controversy are the following. Appellant admittedly is running a saw mill and veneer/plywood factory in 94 cents of land. Since more land is required for the purpose of the factory, appellant filed an application under Section 6 of the Land Utilisation Order, 1967 (hereinafter called "the Order") before the District Collector for permission to utilise a total of 12.70 ares of land adjoining his factory land and owned by him covered by two survey Nos.250/7-2 (16.35 ares) and 255/1-2 (6.37 ares) in Arackappady








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