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2017 Supreme(Ker) 689

A.MUHAMED MUSTAQUE
Paul J. Manjooran – Appellant
Versus
Suhas – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Sri. K. Jaju Babu (Sr.) and Smt. M.U. Vijayalakshmi, Advocate
For the Respondent: Sri. Hanil Kumar M.H., Senior Government Pleader

JUDGMENT :

A. Muhamed Mustaque, J.

1. This contempt petition has arisen from the judgment directing the Collector to pass orders under Clause 6 of the Kerala Land Utilisation Order, 1967 (hereinafter referred to as 'KLU Order' for short). This direction was not complied citing incorporation of section 3A under Act 28 of 2008 on 17.11.2016. By passage of time, on 23.11.2016, Section 3A was abrogated from Act 28 of 2008. In that scenario, the original order would survive and nothing would hinder the Revenue Divisional Officer in granting permission under Clause 6 of the KLU Order.

2. The learned Government Pleader relying on circular dated 22.12.2016, argued that the Government has restricted extent of conversion that can be made in respect of the land that was converted before 2008. The learned Government Pleader further submitted that this circular is issued in tune with the judgment of the Hon'ble Supreme Court, in Revenue Divisional Officer v. Jalaja Dileep [2015 (1) KLT 984 (SC)]. The learned Government Pleader also referred to the circular dated 1.3.2017 issued by the Revenue Department in the manner in which the application for construction of a building in a reclaimed land has t








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