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2024 Supreme(Online)(KER) 4802

HIGH COURT OF KERALA
Murali Purushothaman, J
SUJA MOL SANTHAMA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.KABANI DINESH DIVYA B.NAIR

JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P4 whereby Form 5 application submitted by her has been rejected by the Revenue Divisional Officer.

2. The petitioner is the absolute owner in possession of 20.23 Ares (7.69+2.02+10.52 Ares) of land in Survey Nos.601/2-1-2, 601/2-2 and 601/2-3-2 in Enanalloor Village in Muvattupuzha Taluk, Ernakulam District.

3. According to the petitioner, the said property will not come within the definition of paddy land or wet land. However, it is stated that the property is wrongly included in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner, therefore, filed an application in Form 5 under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'Act 2008') to remove the property from the Data Bank. The Revenue Divisional Officer, by Ext.P4 order, rejected the application on the ground that the Agricultural Officer has reported that the land is not converted before 2008 and that it is lying 6 feet below the road level and is seen like paddy land and there are neerchals in the area and LLMC has recommended not to remove the l

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