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2023 Supreme(Ker) 893

VIJU ABRAHAM
Basil S/o George – Appellant
Versus
Local Level Monitoring Committee, Kizhakkambalam Grama Panchayat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.K. Ajithkumar.
For the Respondent: Riyal Devassy.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed seeking to quash Ext.P5 and for a declaration that the petitioner’s property having a total extent of 40.57 Ares covered by Ext.P1 is not liable to be included in the data bank.

2. Petitioner is the owner and in possession of 2.22 Ares of property in survey no. 133/2-2, 20.9 Ares in survey no. 133/3, 0.7 Ares in survey no. 133/21, 2.83 Ares in survey no. 133/2-4, 6.88 Ares in survey no. 133/2-3 and 7.67 Ares in survey no. 133/2 of Kizhakkambalam Village in Kunnathunadu Taluk. The above properties of the petitioner are lying contiguously as a single plot abutting public road within the Kizhakkambalam Grama Panchayat. The property covered by Ext.P1 tax receipt was originally paddy land and was converted to dry land prior to the coming into force of the Conservation of Paddy Land and Wetland Act, 2008 (in short “Act of 2008”). The 1st respondent, the Local Level Monitoring Committee (LLMC) of Kizhakkambalam Grama panchayat prepared Ext.P2 data bank and the petitioner’s property covered by Ext.P1 tax receipt is recorded as ‘converted land’ and incorrectly included in Ext.P2 data bank. Since the petitioner’s property was conve

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