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2023 Supreme(Ker) 585

N. NAGARESH
Aparna Sasi Menon – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.M.KRISHNAKUMAR, P.S.SIDHARTHAN
For the Respondent: SRI.NOUSHAD K A, SMT.AMRIN FATHIMA, SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

JUDGMENT :

The petitioner, who is owner of 68.78 Ares of property in Pullut Village, is challenging Ext.P7 order of the Revenue Divisional Officer, Irinjalakuda, whereby the petitioner’s request to remove the petitioner’s land from Data Bank stands rejected.

2. The petitioner is owner of 68.78 Ares of property comprised in Survey Nos.115/PT-7, 116/2-1 and 116/3 of Block No.12 of Pullut Village, Kodungallur Taluk of Thrissur District. According to the petitioner, the land stood converted prior to the year 2008 when the Kerala Conservation of Paddy Land and Wetland Act, 2008 was enacted. The land is presently in the nature of 'purayidom'.

3. However, when a Data Bank of Paddy Land and Wetland was constituted under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the petitioner’s land was included in the Data Bank. The petitioner wanted to use the land for other purposes. Therefore, the petitioner submitted Form-5 application, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

4. The petitioner’s Ext.P6 Form-5 application has been rejected by the Revenue Divisional Officer as per Ext.P7 order. The petitioner challenges Ext.

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