LAWS(KER)-2015-7-149

KURIYAN Vs. STATE OF KERALA AND ORS.

Decided On July 30, 2015
KURIYAN Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) THE petitioner is the owner of 1.48 Acres of land in Resurvey No. 139/2 -5 and 06.29 Acres of land in Resurvey No. 135/3 -3 in Block No. 13 of Thuravoor Village, Ernakulam District. The grievance of the petitioner is that, though the said land is a 'dry land', the same is shown in the Draft Data Bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the 'Paddy Land Act'), as 'converted land'.

(2.) THE Supreme Court in RDO v. Jalaja Dileep [ : 2015 (2) KHC 109 (SC)] considered the issue of rectification of description in the Basic Tax Register and held that the same is not permissible. However, with respect to conversion and utilisation of lands which are not covered or were converted prior to bringing into force of the Paddy Land Act it was held so in paragraphs 17 and 23, which are extracted hereunder: