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2020 Supreme(Ker) 980

A.MUHAMED MUSTAQUE
Joy – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P K Soyuz (Adv.), E V Babychan (Adv.)
For the Respondent: G Ranjitha (GP)

JUDGMENT :

This writ petition is filed by the owner of 98.04 cents of land comprising in re-survey Nos.128/6 and 128/4 in Block No.19 of Manakunnam Village, Kanayannoor Taluk. The property is classified as paddy land in the data bank.

2. The petitioner submitted an application before the Local Level Monitoring Committee vide Ext.P4 to exclude the land from the data bank. It was directed to be considered by LLMC by the judgment of this Court in writ petition No.16583 of 2018 dated 23.05.2018.

3. The LLMC considered the application and communicated to the petitioner by Ext.P6 order rejecting the request.

4. The petitioner again approached this Court with writ petition No.29797 of 2018. Pending the writ petition, the petitioner also obtained a report from the Kerala State Remote Sensing and Environment Centre (KSREC). Ext.P8 is the report. It is appropriate to refer the relevant observations and conclusion in the report.

    “SURVEY NUMBER 128/4

As per the toposheet of 1967, the survey plot 128/4 was observed as paddy land. The plot was observed under crop land towards northern part and with plantations/trees towards southern part with buildings/structure towards eastern corner in the data of 1

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