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2013 Supreme(Ker) 350

A.M.SHAFFIQUE
Castlerock Projects & Developers Private Limited, represented by its Liaison Officer, P. K. Abdul Rasheed – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates Appeared:
For the Petitioners:Mrs. Sumathy Dandapani, Senior Advocate, Millu Dandapani, Advocate.
For the Respondents: R1 to R3, P.K. Soyuz, Government Pleader.

Judgment :

1. The petitioners have acquired about 11 acres and 61 cents of property under separate sale deeds. According to the petitioner though the present nature of property is seen as garden land and is not being used as a paddy field nor it is a wet land, still the petitioners were not granted permission to develop the said property as they intended to put up a Container Yard. Petitioners have submitted representations before the Revenue Authorities but ultimately they were told that the property is included in the Data Bank prepared by the Local Level Monitoring Committee and therefore permission cannot be granted for putting up any construction in the said property.

2. Petitioners therefore sought for the following reliefs:-

(i) declare that the properties belonging to the petitioners as per Exhibits P8 and P9 Reports of the Tahsildar and Town Planning Officer are barren land and residential zone.

(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 3 to dispose of Exhibits P6 and P7 representations submitted by the petitioners on 25.05.2012 and 22.06.2012 respectively, forthwith,

(iii) permit the petitioners to con





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