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2015 Supreme(Ker) 1138

A.V.RAMAKRISHNA PILLAI
Madathil Prasanth – Appellant
Versus
Revenue Divisional Officer, Thalassery – Respondent


Advocates Appeared:
For the Appellant :R. Surendran, Advocate.
For the Respondent: K.K. Saidalavi, Senior Government Pleader.

JUDGMENT :

A.V. Ramakrishna Pillai, J.

1. The petitioner has approached this Court seeking the following reliefs:

(a) Declare that Ext. P9 amendment order issued by the third respondent is illegal and consequently quash the same.

(b) Declare that Clause 4 of the Kerala Land Utilisation Order 1967 is illegal and invalid, and quash the same.

(c) Quash Ext. P2 notice, Ext. P5 order issued by the first respondent as illegal and without any authority of law.

(d) Quash Ext. P8 order issued by the second respondent.

(e) Any other reliefs that this Court may deem fit to grant in the circumstances of the case.

The petitioner holds 5.54 Acres of land comprised in Re. Sy. No. 60/1A2 of Thiruvangad Village as per Ext. P1 Sale Deed. The property covered by Ext. P1 is on the northern side of Kuyyali river which is within the local limits of the Thalassery Municipality. The petitioner alleges that the land was originally a marshland and no operations were undertaken in the land for several decades. It was left unattended and consequently, the land became a non-marshy land by accumulation of soil due to soil erosion from adjoining lands. The petitioner points out that at the time of purchase, the lan



























































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