KOSHY PHILIP Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner is the owner of the property having an extent of 16.20 Ares comprised in Re-Survey No.82/8-2 of Ezhamkulam Village in Adoor Taluk. The case of the petitioner is that, even though the property was reclaimed prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter called the Paddy Land Act), the said property was included in the Data Bank prepared under the provisions of the Paddy Land Act by describing it as 'dry land'. In such circumstances, as the petitioner's property should not have been included in the Data Bank, he submitted an application in Form-5 which was rejected as per Ext.P5. The same was challenged by the petitioner before this Court by filing W.P.(C).No.26666 of 2023, which culminated in Ext.P6 judgment by which the Ext.P5 was set aside and the matter was remanded to the 1st respondent with a direction to reconsider the same after obtaining a report from the KSREC.

(2.) In compliance with the said directions, the Ext.P7 report was obtained, and thereafter, the 1st respondent passed the Ext.P8 order, rejecting the application submitted by the petitioner in Form-5. This writ petition is filed challenging Ext.P8.

(3.) A statement has been submitted by the 1 st respondent in response to the averments contained in the writ petition, wherein they justified the view taken by the 1 st respondent in Ext.P8.