T.R.RAMACHANDRAN NAIR
Kaipadath Property Development Company – Appellant
Versus
State Of Kerala – Respondent
1. The writ petition concerns an order passed by the District Collector, viz. Ext.P6. whereby the petitioner was directed to remove the entire earth or any other material used for converting the wet land and to restore the land to its original position and to make it fit for paddy cultivation. Important questions have been raised regarding the interpretation of Kerala Conversation of Paddy Land and Wet Land Act and Rules, 2008.
2. The brief facts for the disposal of the writ petition are the following: The petitioner is a private limited company represented by its Managing Director through his power of attorney holder. The case of the petitioner is that the petitioner company purchased as per Ext.P1 sale deed No.2938/2007 of SRO, Thrissur, an extent of 22 acres and 77.700 cents of land in Sy Nos.309/p, 311/1 and 312/1 in Koorkancherry Village and certain properties in Aranattukara Village. The predecessor-in-interest of the petitioner had obtained permission under the Kerala Land Utilisation Order, 1967 for conversion of the land into paramba as per Exts.P2, P3 as well as Exts.P9 and P10 orders. It is pointed out that even in the sale deed it is recited that the property
4. Jayakrishnan v. District Collector (2009 (1) KLT 123)
5. Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899)
7. Praveen v. Land Revenue Commissioner (2010 (2) KLT 617).
9. State of T.N. represented by Secretary, Housing Deptt
11. M.C. Mehta v. Kamal Nath and others {(1997) 1 SCC 388}.
16. Bansidhar v. State of Rajasthan {(1989) 2 SCC 557)
20. K. Sabanayagams case {(1998) 1 SCC 318}
21. Peer Mohammed v. Chirakandam Grama Panchayat (2008 (3) KLT 300)
23. Satwati Deswal v. State of Haryana and others {(2010) 1 SCC 126}
25. D.L.F. Housing Construction (P) Ltd. v. Delhi Municipal Corpn. and others {(1976) 3 SCC 160}
28. Himmat Singh v. State of Haryana and others {(2006) 9 SCC 256}
30. C.C.T. Orissa & others v. Indian Explosives Ltd. (AIR 2008 SC 1631)
32. Rajagopal B. v. Jomy Xavier and another (2010 (2) KHC 196)
1. Kairali Swayam Sahaya Sangam v. State of Kerala and others (2009 (2) KHC 312)
3. Travancore Rayos Ltd. v. Kerala State Pollution Control Board (2000 (1) KLT 175)
6. Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal & Co. {(2001) 8 SCC 397}
8. Mohammeds case (2008 (3) KLT 300)
10. Sudheer Kumar v. Kunhiraman (2008 (1) KLT 168)
15. M.S. Shivanandas case {(1980) 1 SCC 149}
17. B.K. Srinivasan and another v. State of Karnataka and others (AIR 1987 SC 1059)
19. I.T.C. Bhadrachalam Paper Boards and another v. Mandal Revenue Officer
24. Titaghur Paper Mills Co-operative Ltd. v. State of Orissa and others (AIR 1983 SC 603)
26. Daljit Singh Jalal (Dead) through Lrs. v. Union of India and others {(1997) 4 SCC 62)
33. Devaki and others v. B.P.L. Group of Companies (2010 (2) KHC 270).
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