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2021 Supreme(Ker) 596

GOPINATH P.
V. G. Pradeep Kumar, S/o Govindankutty Nair – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.KRISHNANUNNI, SHRI.ANISH ANTONY ANATHAZHATH, SHRI. SUNIL KUMAR M., Adv
For the Respondent: SRI.SHYAMJI RAM.

JUDGMENT :

The petitioner is the owner in possession of a total extent of 44.76 Ares of land comprised in Re.Sy.No.87/1 and 87/3 of Thavanur Village, Ponnani Taluk, Malappuram District. It is stated that, though the lands are classified in the revenue records as 'nilam' for about nearly 30 years, the lands were garden land with coconut, various plantains and other trees.

Through Ext.P1 notice dated 9.5.2014, the District Collector, Malappuram directed the petitioner to restore the land situated in Re-Sy.No.87/3 to its original condition as 'paddy land'. This order was challenged before this Court through W.P.(C)No.13290/2014. That writ petition was disposed of as under:-

    “3. Learned counsel for the petitioner has relied upon the judgment reported in 2010 (2) KLT 617 (Praveen v. Land Revenue Commissioner) wherein it is held that the application of the Act is confined to paddy land and wetland alone and as per Section 3, except in accordance with the provisions of the Act, the owner or occupier or the person in custody of any paddy land shall not undertaken any activity for conversion or reclamation of such paddy land, after coming into force of the Act. It has been made clear that, if

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