POULOSE K.U Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner along with his brother jointly owned an extent of 23.48 Ares of land situate in Survey NO.83/14 of Kulasekharamangalam Village, Vaikom Taluk. Out of which an extent of 18.62 Ares planted with coconut trees and converted before 2004. As per Ext.P7 data bank record an extent of 2.02 Ares of property in the aforesaid survey number is included in the data bank, which was published in the year, 2012. While petitioner was in enjoyment of the property , petitioner is confronted with Ext.P8 proceedings as per Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, dated 3.3.2018. It is basically challenging Ext.P8 order, this writ petition is filed.

(2.) A statement is filed by the 4 th respondent refuting the stand adopted in Ext.P8 proceedings, however, stating that, the property was converted 15 years prior and about 15 coconut trees are standing in the property along with banana plantation. In that view of the matter, I am of the considered opinion that, there is a clear indication that, the property was converted prior to the introduction of Act,2008. However, fact remains, still petitioner will have to secure necessary permission in terms of the clause 6(2) of the Kerala Land Utilization Order, 1967, read with Section 27A of Act, 2008 as amended by Act, 2018.

(3.) Learned counsel for the petitioner at that point of time submitted, petitioner is prepared to file an application seeking permission for utilization of the property for different purposes other than paddy cultivation and agricultural operation.