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2022 Supreme(Ker) 368

SHOBA ANNAMMA EAPEN
P. K. PRAKASH S/O KARUNAKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V. RAMKUMAR NAMBIAR.
For the Respondents: C.V. MANUVILSAN, PRINCY XAVIER.

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

1. This writ petition is filed challenging Ext.P3 order dated 15.2.2019 passed by the second respondent directing the petitioners to submit application before the Revenue Divisional Officer under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘the Act’) which is an erroneous direction.

2. The case set up in the writ petition is as follows:

    The writ petitioners are co-owners in possession of 1 acre 49 cents made up of 9.32 Ares in old Sy. Nos. 265 and 49/2, 9.31 Ares in R.S. No. 49/3, 9.71 Ares in R.S. No. 49/4, 9.31 Ares in R.S. No. 49/5, 9.33 Ares in R.S. No. 49/6, 9.32 Ares in R.S. No. 49/7, 2.38 Ares in R.S. No. 49/9 and 2.04 Ares in R.S. No. 49/9 of Thekkumbhagam Village, Kanayannur Taluk, Ernakulam District, obtained as per Sale-Deed Nos. 2010/11, 2011/11, 2012/11, 2118/11, 2119/11, 2120/11, 2353/11 and 2354/11 of S.R.O. Thripunithura. The said properties are lying as one plot as reclaimed land with trees, which are more than 40 years old and is a dry land with direct road access with a building therein even before the promulgation of the Act. Therefore, by virtue of the enabling provisions

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