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2022 Supreme(Online)(KER) 35837

HIGH COURT OF KERALA
JESSY JAMES – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

Dated this the 11th day of August, 2022 The petitioners, who are owners of 26.18 Ares of land in Kizhakkumbhagom Village of Aluva Taluk in Ernakulam District, have filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P5 application within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of

26.18 Ares of land situated in Survey No.135/2-3, 135/2-4 and 187/16-2 of Kizhakkumbhagom Village, Aluva Taluk in Ernakulam District. The land is a garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is included in the Data Bank and is described as paddy land in Revenue records also.

3. The petitioners want to use the land for other purposes. Hence, the 1st petitioner filed Ext.P5 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 18.04.2022 . The application is not disposed of so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.

4. The Government Pleader representing the respond

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