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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
James Antony Alosious S/o Alosious C. Antony – Appellant
Versus
Revenue Divisional Officer, Alappuzha – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
1. The above writ petition is filed seeking to quash Ext.P4 order issued by the 1st respondent Revenue Divisional Officer.
2. It is averred that the petitioner is the owner in possession and enjoyment of property having an extent of 18.06 Ares in Sy.No.605/1-1 of Edathua Village. The property was converted to a dry land almost about 30 years back, i.e. even before the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner's land is also not included in the data bank as evident from Ext.P2 certificate. But the property is classified as 'Nilam' in the basic tax register. When the petitioner attempted to fill up the pond in the said property, a stop memo was issued by the Village Officer. Later the 1st respondent issued Ext.P4 order invoking the power under the Kerala Land Utilisation Order, 1967 directing the petitioner to restore the land to its original state and further directing the 2nd respondent to include the land in the data bank. It is aggrieved by the same that the present writ petition has been filed.
3. The learned Government Pleader has filed a detailed counter affidavit, wherein it is stated that the prop
The classification of land as wetland solely due to low-lying and waterlogged conditions is erroneous; only the Local Level Monitoring Committee can determine inclusion in the data bank, affirming ju....
The Local Level Monitoring Committee holds exclusive authority to determine property inclusion in the data bank under the Kerala Conservation of Paddy Land and Wetland Act, prohibiting direct orders ....
The authority must independently assess land classification, ensuring decisions are based on proper evaluation criteria and not solely on subordinate reports.
The classification of land as 'paddy or wetland' must be based on independent assessment and actual conditions, not solely on subordinate reports or revenue records.
Authorized officer must comply with statutory requirements when assessing land use classification under the Kerala Conservation of Paddy Land and Wetland Act.
The authorized officer must independently ascertain land characteristics for exclusion under the Kerala Conservation Act.
The authorized officer must consider suitability for paddy cultivation and binding legal precedents when determining land classification, ensuring compliance with judicial directives during inspectio....
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