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2023 Supreme(Ker) 367

VIJU ABRAHAM
E. K. Kunhammed Kutty S/o Elaramkottu Abdulla – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V. Harish, Rajan Vishnuraj.
For the Respondent: Syamanthak B.S.

JUDGMENT :

VIJU ABRAHAM, J.

1. The petitioner has approached this Court challenging Exts.P9 and P14 orders and for a consequential declaration that the property of the petitioner covered by Ext.P3 application is converted before 1967 and is eligible for necessary corrections in the revenue records.

2. The facts of the case in brief is as follows:

    The petitioner is a 71 year old senior citizen, holding 8.628 Ares of land in Resurvey No. 5-19-907/1 in Kasaba Village of Kozhikode Taluk in Kozhikode District. The said property is situated within 50 meters northwards of Mavoor road in the heart of the Kozhikode city, walkable distance from the Municipal Mofussil Bus Stand, Kozhikode. Petitioner obtained the said property through 5 registered land deeds, ie., Deed Nos.1040/92, 978/93, 1046/93, 530/94 and 974/94. The above mentioned property was converted much prior to 1967 and the said property is having buildings even prior to the year 1944. The property, about 21.31 cents of land, was erroneously and falsely included in the data bank of Kozhikode Municipal Corporation as paddy land, when such a data bank was prepared under the provisions of Kerala Conservation of Paddy Land and Wet Land Ac

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