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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Lulu Hyper Market Pvt. ltd., Represented By Its Authorized Signatory Shri Sadik Kassim, S/o. Kassim M A – Appellant
Versus
District Collector, Thrissur District Civil Station, Ayyanthole P.O Thrissur District – Respondent
| Table of Content |
|---|
| 1. ownership and history of land use. (Para 1) |
| 2. challenging decisions based on conflicting land reports. (Para 4 , 5) |
| 3. issues of standing and public interest. (Para 6 , 9) |
| 4. requirement for procedural compliance in land conversion. (Para 10 , 11) |
| 5. remittance of orders and need for further consideration. (Para 12) |
JUDGMENT :
VIJU ABRAHAM, J.
W.P.(C).No.38444 of 2022
Petitioner is the owner and in possession of land having an extent of 161.45 Ares (398.94 cents) comprised in Survey Nos.403, 405 and 406 of Ayyanthole Village in Thrissur Taluk.
2. The case of the petitioner is that the land comprised in Survey Nos.403,405 and 406 were included as converted land in the draft data bank prepared by the Local Level Monitoring Committee (LLMC), Thrissur Municipal Corporation and the lands were converted much before the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Act, 2008'). 50 cents of land comprised in Survey No.405 of Ayyanthole Village was permitted to be used for purposes other than paddy cultivation as per Ext P2 order, as per the provisions of Clause 6 of the Kerala Land Utilisation Order. Later on, the data bank was final
The court ruled that statutory procedures must be adhered to when altering land classifications under the Act, emphasizing the necessity of obtaining requisite reports to ensure lawful decision-makin....
The Revenue Divisional Officer must independently assess land status under the Kerala Conservation of Paddy Land and Wetland Act, ensuring compliance with statutory requirements.
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
Authorities must provide adequate reasoning and consider all relevant reports when making decisions on land conversion applications.
Judicial orders regarding land classification must be followed; erroneous land records necessitate correction without unnecessary procedural requirements.
Constitution of Local Level Monitoring Committee – Provisions of sub-section (4) of Section 5 that duty for preparation of data bank and the inclusion of lands in data bank as cultivable paddy land o....
The Revenue Divisional Officer must obtain necessary reports before rejecting applications related to land conservation regulations.
The LLMC's prior decision to remove converted land from the data bank must be respected, and the RDO's rejection of the application was found to be erroneous.
The court reaffirmed the need for practical assessment criteria based on direct evidence when determining suitability for land classification under the conservation act.
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