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2018 Supreme(Online)(KER) 66619

HIGH COURT OF KERALA
Devan Ramachandran, J
BEEVATHUKUTTY NOORA – Appellant
Versus
AGRICULTURAL OFFICER ALANKODE – Respondent


JUDGMENT

The petitioner claims to be the owner of 15.16 cents of land comprised of in R.S.No.121/1B of Alamcode Village in Ponnani Taluk, Malappuram District. According to her, this land is a garden land and has been remaining as such for the last several years. She asserts that even though her property has been included in the data bank prepared by the competent authority under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, it has been shown as a converted land prior to the year 2008.

2. On such assertion the petitioner says that she should be allowed to construct a commercial building thereon by the Alamcode Grama Panchayat. The petitioner impugns Exhibit P5 communication issued by WPC 1439/14 2 the Grama Panchayat in the year 2013 on the ground that the Panchayat declined her request, solely since she was unable to produce documents to show that the property has been legally converted.

3. The position with respect to the properties akin to the petitioner is now governed by the judgment of the Hon'ble Supreme Court in Revenue Divisional Officer v. Jalaja Dileep (2015 (1) KLT 984). Their Lordships have declared the law that even with respect to the pro

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