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2022 Supreme(Online)(KER) 32586

HIGH COURT OF KERALA
ASHRAF BAVA – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


The petitioner has filed this writ petition basically challenging

the action of the Local Level Monitoring Committee, Neriamangalam,

respondent No.5, including the property of the petitioner measuring

118 cents situated in Survey Nos. 750/2A and 750/2B of the

Neriamangalam Village in the data bank constituted as per the

provisions of the Kerala Conservation of Paddy Land and Wetland Act,

2008 ('Act, 2008' for short).

2. The case projected by the petitioner is that the property was

converted much prior to the introduction of the Act, 2008 and it is

remaining as a dry land with lot of other agricultural plants and trees

and therefore, the inclusion is illegal and arbitrary. It is an admitted

fact that the property is included in the data bank. The properties

included in the data bank wrongly are governed by Section 5 of the

: 4 :

Act, 2008 and on and with effect from 30.12.2017, the Revenue

Divisional Officer concerned is vested with powers to remove the same

from the data bank on receiving application from the aggrieved

persons, taking into account the parameters provided in the Act, 2008.

3. Moreover, in order to implement the

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