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2018 Supreme(Ker) 1526

Salim C. K. – Appellant
Versus
State of Kerala Represented by its Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P.B. Krishnan, Sri. Manu Vyasan Peter, Sri. P.B. Subramanyan, Sri. P.M. Neelakandan, Sri. Sabu George.

JUDGMENT :

1. The writ petitioner is the appellant before us challenging the judgment (3.10.2018) in the W.P. (C) No. 32042 of 2018, whereby the Court has issued direction to the authorities to consider the writ petitioner's application for conversion of user of the land, specifically under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘the Paddy Act’ for short).

2. The logic of the above direction for consideration under Section 27A of the Paddy Act is questioned by the appellant by referring to the earlier judgment dated 16.1.2017 (Ext.P1) in the W.P. (C) No. 40499 of 2016 wherein the litigants' writ petition was allowed by declaring that his property covered by the Ext.P9 document and situated in Block No. 23 of Resurvey No. 107/1.1.2, is neither a paddy land nor wetland, for the purposes of inclusion in the Land Data Bank, prepared under the Paddy Act. Accordingly, the Local Level Monitoring Committee (respondent No. 4) was directed to exclude the said land of the petitioner, from the Land Data Bank and to certify the same. It was also clarified that the petitioner can utilise the said certificate for approaching the author






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