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Beby Mathew

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

The petitioner is in joint ownership of land comprised in Survey Nos.296/1-1, 13-1, 1-2, 271/6, 296/1-3, 13-2, 270/3 part 270/2 part 270/12 part 296/1-2-2, 296/1-3-2, 296/13-2- 2, 296/1-4 in Block No.25, Kizhakambalam Village, Kunnathunadu Taluk, Ernakulam.
2. It is admitted that the properties mentioned as above are included in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'Act').
In view of the fact that the properties are included in the draft data bank, the remedy of the petitioner is to approach the Local Level Monitoring Committee to correct or remove the properties from the draft data bank in terms of Rule 4(2) of the Kerala Conservation of Paddy Land and Wet Land Rules W.P.(C) No.34783 of 2014 2 (hereinafter referred to as the “Rules”). On receipt of any request from the petitioner, the Local Level Monitoring Committee shall conduct inspection to find out the actual state of affairs which existed as on the date when the Act came into force. The Local Level Monitoring Committee shall do needful to inspect the properties. The petitioner also should be given an opportunity of hearing before a final decision is taken in the matter. The Local Level Monitoring Committee shall finalize the proceedings within a period of two months from the date of receipt of an application from the petitioner in terms of Rule 4 (2) of the Rules. This shall be done in the light of the judgment of this Court in Castlerock Projects and Developers Pvt. Ltd. and another v. Revenue Divisional Officer [2013 (3) KLT 545].
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Beby Mathew

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri Jaishankar V Nair
  • Smt Arathi Karunakaran
  • Smt Parvathy S Krishnan