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2019 Supreme(Ker) 424

Line Properties Private Limited, Represented by its Authorised Representative Sadik Kasim – Appellant
Versus
State of Kerala, Represented by its Secretary, Department of Revenue – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.K. Suresh Kumar (Sr.), Smt. Rameena P.K., Smt. T.M. Nezla, Sri. T.U. Ziyad.
For the Respondent: Government Pleader Sri. C.P. Pradeep, Addl. A.G. Sri. Renjith Thampan.

JUDGMENT :

The petitioner is a private limited company stated to be in ownership of 37.32 Ares of land in Sy.No.24/1A-4 and 24/1A-3 of Edappally North Village of Kanayannur Taluk in Ernakulam District. The land belonging to the petitioner was included in the Draft Land Data Bank prepared for the region wherein the land was described as 'converted land'. The description of the land in the Basic Tax Register was also shown as 'nilam'. When the petitioner submitted an application (Ext.P2) under Clause 6(2) of the Kerala Land Utilisation Order (for short, 'KLU Order') before the District Collector, the same was not considered by the District Collector, presumably because the petitioner had not obtained any order directing removal of his land from the Land Data Bank. This led the petitioner to approach this Court through W.P.(C) No.37329/2017, which was disposed by a common judgment dated 21.11.2017, directing the District Collector to consider and pass orders on Ext.P2 application on merits, and a further direction to the Local Level Monitoring Committee (for short, 'the LLMC') to examine whether the property in question was paddy land or wet land liable for inclusion in the Data Bank,







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