JERRY Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed to quash Exts.P18 and P19 orders and direct the 3rd respondent to re-consider Exts.P15 and P16 applications (Form 5) submitted under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

(2.) The 1st petitioner is the owner in possession of 2.51 Ares and 90 Sq. meters of land and the 2 nd petitioner is the owner in possession of 0.0130 Ares of land, both comprised in old Survey No.18/6A and Re- survey Nos.187/39, 187/37 and 187/38 of Kannambra-II Village, Alathur Taluk, Palakkad District covered by Ext.P2 and P4 title deeds and Exts.P5 and P6 possession certificates. The petitioners' properties are garden land. However, the respondents have erroneously classified the same as paddy land and included it in the data bank. In order to remove the properties from the data bank, the petitioners submitted Exts.P15 an P16 applications before the 3 rd respondent. The 3rd respondent without independently evaluating the matter, solely based on the report of the 7th respondent, has perfunctorily rejected the applications by the impugned Exts.P18 and P19 orders. Exts.P18 and P19 are illegal and erroneous. Hence, the writ petition.

(3.) Heard; the learned counsel for the petitioners and the learned Government Pleader.