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2015 Supreme(Ker) 579

K.VINOD CHANDRAN
C. R. BHAVADAS – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA
FOR THE RESPONDENT: GOVERNMENT PLEADER SRI.BIJU MEENATTOOR

JUDGMENT

The petitioner is the owner of certain land which is said to be 'dry land' but however described in the revenue records as 'Nilam'. The petitioner submits that the property is not included in the Draft Data Bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the 'Paddy Land Act').

2. The Supreme Court in RDO v. Jalaja Dileep - 2015(2) KHC 109(SC) considered the issue of rectification of description in the Basic Tax Register and held that the same is not permissible. However, with respect to conversion and utilisation of lands which are not covered or were converted prior to bringing into force of the Paddy Land Act it was held so in paragraphs 17 and 23, which are extracted hereunder:

"17. ''Paddy land" and "Wetlands" are defined under Sections 2 (xii) and 2 (xviii) of the Act respectively. As per Section 5(4), the Committee shall interalia prepare a data Bank with details of cultivable paddy land within the jurisdiction of the Committee. If the land is not included in the Data Bank or Draft Data Bank prepared under the Kerala Cultivation of Paddy Land and Wetland Act, 2008 and if it is not a "Paddy Land" or "Wetland"






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