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2022 Supreme(Ker) 65

P.B.SURESH KUMAR
Anand Louis – Appellant
Versus
Haaris Rasheed – Respondent


Advocates appeared:
For Petitioner: P Thomas Geeverghese (Adv.)

Order

1. The direction in the judgment to the respondent is to pass orders on Ext.P3 application preferred in Form No.6 of the Kerala Conservation of Paddy Land and Wetland Rules for permission to utilise the land referred to therein which is an un-notified land in terms of the Kerala Conservation of Paddy Land and Wetland Act, 2008, for other purposes. Insofar as the land is shown in the data bank as converted land, the respondent has taken the stand that the petitioner ought to have preferred an application in Form No.5 as well for correction of the data bank and has even obtained an application in Form No.5 from the petitioner for the said purpose and it is due to the delay in processing the said application that the respondent is unable to comply with the direction in the judgment.

2. It has been consistently held by this Court in various judgments that if the land is shown as a converted land as on the date of coming into force of the Act in the data bank, it is unnecessary to make any correction in the data bank for the purpose of considering the application in Form No.6.

3. The respondent is therefore, directed to process Ext.P3 application preferred by the petitioner, without

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