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2024 Supreme(Online)(KER) 53025

HIGH COURT OF KERALA
GIRIJA S NAIR – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner is the owner in possession of

19.20 Ares of land comprised in Re.Sy No.90/15 of Kuttoor Village, Thiruvalla Taluk. According to the petitioner, the land is not a paddy land or wet land and the same was converted 30-35 years back and has been wrongly included data bank published by the 4th respondent as 'paddy land/wet land'. The petitioner, therefore, filed Ext.P2 application in Form- 5 under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 before the 3rd respondent to exclude the said land from the data bank, after remitting requisite fees. Ext.P4 is the report of the KSREC which shows that the property of the petitioner is not a paddy land or wet land and was converted before 2008. Despite the report of the KSREC, the 3rd respondent, by Ext.P3, rejected Ext.P2 solely relying on the report of the 4th respondent. The petitioner submits that Ext.P3 order is vitiated by non-application of mind. The petitioner submits that there is no independent consideration of Ext.P2 application by the 3rd respondent in Ext.P3.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. The relevant consideration for inclusio

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