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KERALA HIGH COURT
Bechu Kurian Thomas, J.
Haridasan v. District Collector Palakkad


Advocates:
For the Appellants/Petitioners: Sri. Johnson Varikkappallil
For the Respondents: Smt. K. Amminikutty

1. Petitioner, is the owner of 0.0920 Hectares of property in Re - Survey No.310/7-2 of Block No. 6 of Pallassana Village, Chittur Taluk, Palakkad District. Challenge is against Ext.P8 order of the Revenue Divisional Officer, Palakkad, whereby the petitioner's request to remove his land from the data bank was refused.

2. Petitioner alleges that his land was converted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the Act), and it is presently a 'dry land'. However, when the data bank was prepared under S.5(4)(i) of the Act, his land was wrongly included in it. Since the petitioner requires the land for other purposes, he submitted an application in Form - 5, invoking R.4(4d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short, the Rules).

3. By the impugned order, petitioner's application was rejected by the Revenue Divisional Officer. Petitioner alleges that the rejection was based solely on the report of the Agricultural Officer, without any site inspection and without any application of mind and is hence not a speaking order.

4. I have heard Sri.. Johnson Varikkappallil, learned counsel for the petitioner

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