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2024 Supreme(Online)(Ker) 80697

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. Manoj, J
T. Soju – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Sri. G.P. Shinod, Sri. Govind Padmanabhan, Sri. Manu V.
For the Respondents: Sri. R. Gopan, Sri. E.G. Gorden

Table of Content
1. conflict regarding land's classification and conservation (Para 1 , 2 , 3 , 4 , 5)
2. counterarguments and evidence presented by both parties (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. court's directive for scientific assessment to resolve disputes (Para 15 , 16 , 17)

JUDGMENT

Dated this the 1 s t day of August, 2024 The above writ petition is preferred by the petitioner being aggrieved by issuance of Exts.P13 and P14 orders invoking powers under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Act, 2008) directing to restore the nature of land and remove the compound wall to restore the natural flow of water and declined the revision preferred against the said order.

2. It is stated that the petitioner along with his wife is in possession and enjoyment of 10.53 ares of property comprised in Re.Sy.No.106/11 of Malayankeezhu Village by virtue of document No.1462/10 of Malayankeezhu Sub Registry. The property referred in the sale deed was stated to be reclaimed paddy field 30 years back. There are coconut trees which are nearly 25 years old and other trees like Anjili, Mahagani, Arecanut and rubber having similar life span. It

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