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2019 Supreme(Ker) 199

SHAJI P.CHALY
Renji K. Paul – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates Appeared:
For the Petitioners: S. Renjith & K.R. Prathish.
For the Respondents: Government Pleader (Paul Abraham Vakkanal) & Peeyus A. Kottam.

JUDGMENT :

1. This Writ Petition is filed by the petitioners seeking to quash Ext.P10 to the extent it affects the petitioners. Petitioners are owners of an extent of 4.1 Ares of property situate in Sy.No.524/1C of Thrikkariyoor Village, Kothamangalam Taluk. Petitioners submitted an application seeking building permit before the Municipality, which was rejected on the ground that, the property is included as converted land in the data bank constituted as per the provisions of Kerala Conservation of Paddy land and Wetland Act, 2008 and remaining in the village records as well as BTR as paddy field and if the petitioners have not secured any enabling orders from the statutory authorities, the building permit application cannot be considered by the Secretary. Thereafter, petitioners have approached the Revenue Divisional Officer and the Revenue Divisional Officer has passed Ext.P10 order granting permission for conversion of property to an extent of 7½ cents and imposed a condition that, petitioners shall pay 50% of the value of property to the Government. It is thus challenging the condition imposed as well as the restricted area of operation given to petitioners, this Writ Petition i






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