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2014 Supreme(Ker) 988

A.MUHAMED MUSTAQUE
Dileep Kumar – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

A. Muhamed Mustaque, J.

This Writ Petition is filed challenging Ext. P8, an order passed under Clause 6 of Kerala Land Utilization Order, 1967 (hereinafter referred to as K.L.U. Order). According to the petitioner the land owned by the petitioner is presently dry land and not included as paddy land in the draft data bank and the lands were not suitable for paddy cultivation as on the date of enactment of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred as Act 28 of 2008). It is an admitted fact that properties are not included in the data bank. Therefore, the Act 28 of 2008 will not apply in the matter. Assuming that petitioner reclaimed the land, there is no violation of provision under the Act 28 of 2008. However if petitioner requires the land for any other purposes the permission is necessary in terms of Clause 6 of K.L.U. Order. The stand in the impugned order is that once the land is reclaimed without obtaining permission under Clause 6 of K.L.U. Order, the illegality cannot be regularised.

2. There is no embargo or impediment under Clause 6 of Kerala Land Utilization Order for granting a permission in respect of the land even that was recl


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