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2025 Supreme(Ker) 1603

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Khalam C.A. S/o Abdul Kareem – Appellant
Versus
District Collector Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : B.K. Gopalakrishnan, Krishnakumar S., Nikitha P.
For the Respondent: Vidya Kuriakose

JUDGMENT :

1. The writ petition is filed to quash Ext.P6 order and direct the 2nd respondent to reconsider Ext.P5 application (Form 5) submitted under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

2. The petitioner is the owner in possession of 58 Ares and 28 Sq.Meter of land comprised in Survey No.245/6 of Karumaloor Village, Paravoor Taluk, Ernakulam District covered by Ext.P1 title deed and Ext.P2 basic tax receipt. The petitioner’s property is a dry land and is not suitable for any agricultural operation. However, the respondents have erroneously classified the property as 'nilam' and included it in the data bank. In the said background, the petitioner had submitted Ext.P5 application to remove the property from the data bank. The 2nd respondent, solely based on the report of the Agricultural Officer/6th respondent and the recommendations of the Local Level Monitoring Committee (in short ‘LLMC’) has perfunctorily rejected Ext.P5 application by Ext.P6 order. Ext.P6 is illegal and arbitrary. Hence, the writ petition.

3. Heard; the learned counsel for the petitioner and the learned Government Pleader.

4. The petitioner’s specific is cas

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