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2015 Supreme(Ker) 48

ASHOK BHUSHAN, A.M.SHAFFIQUE
Adani Infrastructure & Developers Pvt. Ltd, rep. by its Authorised Signatory – Appellant
Versus
State of Kerala, rep. by The Principal Secretary, Government of Kerala Thiruvananthapuram – Respondent


Advocate Appeared:
For the Appellants:P. Ravindran, Senior Advocate, K. Praveen Kumar, Cibi Thomas, Advocates.
For the Respondents:R1 to R4, R7 & R8, P.K. Soyuz, Spl. Government Pleader, R5 & R6, M.M. Monaye, M. Paul Varghese, Advocates.

Judgment

Shaffique, J.

1. The writ petitioners are the appellants who challenge the judgment dated 21/02/2014 in W.P.C.No.12793/2013.

2. The writ petition was filed challenging Ext.P10 and P21 and for a declaration that petitioners' property will not come under the purview of Kerala Conservation of Paddy Land and Wet Land, Act 2008 (hereinafter referred to as 'the Act').

3. The facts involved in the writ petition would disclose that the petitioners together acquired certain item of land in Kizhakkambalam village. They obtained building permit and other permissions from various authorities for constructing a multi storied complex having an area of 423919.16 sq.meters. Since the land was described as 'nilam' in the revenue records, petitioners' predecessor-in-interest had submitted an application before the Revenue Divisional Officer (RDO) for conversion of the land invoking Clause 6 of the Kerala Land Utilisation Order, 1967 (hereinafter referred to as 'KLU order'). When no orders were passed by the RDO, 2nd petitioner approached this Court by filing W.P.C.No.22821/2008 seeking for appropriate directions for disposal of their application. This Court directed the RDO to pass orders on th



























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