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2015 Supreme(Ker) 248

ANTONY DOMINIC, ALEXANDER THOMAS
LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER SECTION 5 OF THE KERALA CONSERVATION – Appellant
Versus
MARIUMMA – Respondent


Advocates Appeared:
For the Petitioner: SPL.GOVERNMENT PLEADER SRI.RINNIE STEPHEN CHAMAPARAMBIL
For the Respondent: SRI.T.A.UNNIKRISHNAN, SRI.A.A.ABUL HASSAN, SRI.G.G.MANOJ

JUDGMENT :

Antony Dominic, J.

This appeal is filed by the respondents in WP(C) No.24116/12. Respondents herein, who are the owners of 12.87 ares of land situated in Sy.No.76/15 and 28.33 ares in Sy.No.76/16 of Kizhakkambalam village filed the writ petition contending that their land has been converted into a garden land about more than 30 to 35 years ago and is cultivated with coconut trees. It is stated that despite that, in the Basic Tax Register, the property has been described as a paddy land. They say that, therefore, they made Ext.P3 representation to the Local Level Monitoring Committee constituted under Section 5 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (Act 28 of 2008), which had published a data bank including the lands in question, requesting to exclude their properties. With these averments, they filed the writ petition seeking a prayer directing the respondents therein to exclude the land from the data bank prepared under Section 5(4)(i) of Act 28 of 2008 and also to require the 3rd respondent therein to correct the entry regarding the description of the land contained in the Basic Tax Register and to note the same as garden land.

2. Pursuant to the
















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