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2023 Supreme(Ker) 739

VIJU ABRAHAM
George Varghese S/o Varkey Puravathu – Appellant
Versus
District Collector, Collectorate, Civil Station, Kakkanad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rinny Stephen Chamaparampil, Asha Elizabeth Mathew, Anjana S.
For the Respondent: Syamanthak B.S.

JUDGMENT :

VIJU ABRAHAM, J.

1. The petitioner has approached this Court challenging Exts.P10 and P24 orders and for a consequential direction to the 2nd respondent to permit the petitioner to utilize 07.94 Ares of his property comprised in survey no. 1043/2 of Kothamangalam Village for non-agricultural purposes.

2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is the title holder in possession of a commercial plot having a total extent of 07.94 Ares of land comprised in survey no. 1043/2 of Kothamangalam Village. Petitioner purchased 8.10 Ares of land by virtue of sale deed no. 9274 of 2005 dated 23.03.2005 of SRO, Kothamangalam and a small portion thereof has been utilized for the western bypass road and what remains thereafter is 7.49 Ares of land which is lying as dry land for last several decades and was not a paddy land as on the date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the “Act 2008”). In spite of the fact that the petitioner's land is not a paddy land as on the date of coming into force of the Act 2008, the same was erroneously included in the data bank and there

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