IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ANOOP S. – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Heard Sri.Avaneesh Koyikkara, learned counsel for the petitioner as well as Smt.S.L.Sylaja, learned Government Pleader for the respondents.
2. The petitioner is stated to be the owner in enjoyment and possession of 27.11 Ares in Survey No.230/3/10 and 230/3/1 of Punnala Village in Kollam District. According to the petitioner, the land though was converted earlier to the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the ‘Act’), the property was erroneously included in the data bank as a “paddy field”. In such circumstances, he submitted an application in Form 5 under the Keala Conservation of Paddy Land and Wetland Rules, 2008 (hereinafter referred to as the ‘Rules’), before the 3rd respondent-Revenue Divisional Officer, seeking removal of the property from the data bank. However, by the impugned order at Ext.P6, the Revenue Divisional Officer refused the prayer made as above, and the petitioner is before this Court.
3. A reading of Ext.P6 shows that the decision thereunder has been taken solely on the basis of an enquiry, stated to have been carried out by the Agricultural Officer. No report from the Kerala State Re
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