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2022 Supreme(Ker) 664

N. NAGARESH
SULEKHA KHADER W/O LATE ABDUL KHADER – Appellant
Versus
KUZHIMANNA GRAMA PANCHAYATH – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: ADITHYA RAJEEV.
For the Respondents: VINOD SINGH CHERIYAN, T.M. KHALID, K.P. SUSMITHA, SURYA BINOY.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner possesses 11.341 Cents of property along with her children. The property is in Re-survey No. 81/10 in Block No. 34 of Kuzhimanna Village, Kondotty Taluk of Malappuram District. The petitioner is aggrieved by Ext.P10 order of the Local Level Monitoring Committee rejecting the application submitted by the petitioner for removal of land from the Data Bank.

2. The petitioner wanted to construct a commercial building in the land and obtained Ext.P3 Building Permit dated 30.04.2015. When construction was started, the Village Officer issued a Stop Memo alleging that the property is paddy land and construction offends the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

3. The petitioner states that her property is dry land, converted long ago. There were standing trees on the land which were cut for facilitating building construction. Village Officer has issued Ext.P4 Possession Certificate showing the land as dry land. The petitioner submitted Ext.P6 application dated 22.08.2017 seeking to remove the land from Data Ba

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