JUDGMENT

Dated this the 6th day of September, 2021 The petitioner has filed this writ petition seeking to set aside Ext.P5 and to declare that the petitioner is entitled to get removed 42.65 sq.m. of property in old Sy.No.425/4, Re.Sy.No.537/3, 537/5 of Eraviperoor Village from the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act , 2008.

2. According to the petitioner, the land owned by him is neither a paddy land or a wetland, though the land is so described in the Data Bank. Therefore, the petitioner submitted an application before the 3rd respondent– Revenue Divisional Officer invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to make necessary changes in the Data Bank entries. The petitioner would submit that there was a building situated in the property much earlier to the coming into force of the Act, 2008. Without considering the actual situation, the 3rd respondent has rejected the application submitted by the petitioner as per Ext.P5. Ext.P5 is bad for non application of mind. The learned counsel for the petitioner would further point out that the 3rd respondent has not consider even Ext.P6 report s