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2021 Supreme(Online)(KER) 10925

HIGH COURT OF KERALA
M/S.LULU HYPER MARKET PVT. LTD. – Appellant
Versus
REVENUE DIVISIONAL OFFICER/SUB COLLECTOR – Respondent


J U D G M E N T

Ext.P8 is an application preferred by the petitioner in Form No.5 of the Kerala Conservation of Paddy Land and Wetland Rules for removal of the property of the petitioner referred to in the writ petition from the data bank prepared in terms of the Kerala Conservation of Paddy Land and Wetland Act , 2008 (the Act). The grievance of the petitioner in the writ petition concerns the inaction on the part of the first respondent in taking a decision on Ext.P8 application. According to the petitioner, Exts.P3 to P7 reports of the Kerala State Remote Sensing and Environment Centre would show that the land of the petitioner is one converted as dry land long before the commencement of the Act.

2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

3. Having regard to the facts and circumstances of the case and the orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose of the writ petition directing the first respondent to take up and pass appropriate orders on Ext.P8 application in accordance with law, after affording the petitioner an opportunity of hearing, having regard to Exts.P3 to P7 reports

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