SHERIN VARGHESE Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner claims to be the absolute owner and in possession of 36.82 Ares of land comprised in Survey Nos. 133/8A, 133/8B3, 157/5A, 157/5C and 157/5E2 of Naduvila Village, Vaikom Taluk (3.23 Ares in Survey No. 133/8A, 7.69 Ares in Survey No. 133/8B3, 14.16 Ares in Survey No. 157/5A, 6.07 Ares in Survey No. 157/5C and 5.67 Ares in Survey No. 157/5E2).

(2.) The land referred as above is included in the Data Bank prepared under the Act 28 of 2008.

(3.) The petitioner approached the Revenue Divisional Officer, Pala under clause 6 of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO") for a permission to use the land for other purposes after correcting the entry in the revenue records. Ext.P1 is the request of the petitioner. Ext.P2 is the report of the Village Officer submitted before the Revenue Divisional Officer. This report would indicate that the land was converted completely. It also reports about coconut trees having age of 30 years as well as other trees. The report also states about an attempt to reclaim the land on 03/03/2012 and the vehicle seized from the said land. As seen from the report, the land is surrounded by other dry land and reclaimed land except on the southern side.