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2015 Supreme(Ker) 96

ASHOK BHUSHAN, A.M.SHAFFIQUE
Local Level Monitoring Committee Under Kerala Conservation of Paddy Land & Wet Land Act, 2008 represented by its Convener Cum Agricultural Officer – Appellant
Versus
Ali Akbar – Respondent


Advocates Appeared:
For the Appellants: P.K. Soyuz, Sr. Government Pleader
For the Respondents:R1, S.A. Saju, Jamsheed Hafiz, R2, T. Krishnan Unni, Sr. Advocate, C.V. Manuvilsan, P.K. Khaleemudheen, Advocates

JUDGMENT:-

Shaffique, J.

1. This appeal is filed by respondents 2 to 6 in W.P.(C) No. 29801 of 2012 challenging the judgment dated 05.10.2013 of the learned Single Judge. The writ petition was filed by the petitioner challenging Ext.P13 order passed by Local Level Monitoring Committee (for short 'LLMC'), formed under the provisions of Kerala Conservation of Paddy Land & Wetland Act, 2008 (hereinafter referred to as 'the Act').

2. By Ext.P13 the Local Level Monitoring Committee rejected the application filed by the petitioner for excluding the petitioner's property from the list of data bank on the finding that it is suitable for paddy cultivation.

3. The learned Single Judge after an elaborate consideration of the factual circumstances opined that Ext.P13 is liable to be set aside and the District Level Authorised Committee has to consider the entire records received from LLMC and to pass appropriate orders.

4. Learned Government Pleader submits that the District Level Authorised Committee has no jurisdiction in the matter. The position of law is well covered by the judgment in W.A. No. 1416 of 2014 dated 02.02.2015. (Adani Infrastructure & Developers Pvt. Ltd. v. State of Kerala.) It



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