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2025 Supreme(Online)(Ker) 57476

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
URUMEESE M.A. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AVANEESH KOYIKKARA
For the Respondents: GP- JASMIN

JUDGMENT

Petitioner has approached this Court challenging Ext.P3 order whereby the Form 5 application submitted by the petitioner for removing the property from the data bank has been rejected solely relying on the report of the Agricultural Officer.

2. Petitioner is the owner and title holder of 2 Ares of land comprised in re-survey No.306/1-3 of Angamaly Village in Ernakulam District. Petitioner contends that Ext.P3 order was issued without following the procedures prescribed under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules. A perusal of Ext.P3 order would reveal that the said order has been issued solely relying on the report of the Agricultural Officer.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. This Court inSalim C.K. and Another v. State of Kerala and Others [ 2017 (1) KHC 394 ] has held that the Data Bank that was contemplated as per the provisions of the Act was to contain details only of cultivable paddy land and wetland within the area of jurisdiction of LLMC concerned. Further, inLalu P.S. v. State of Kerala [2020 (5) KHC 490] has held that the data bank to be prepared under the Act is th

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