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2019 Supreme(Ker) 206

Shanmugam – Appellant
Versus
District Collector – Respondent


Advocates Appeared:
For the Appellants : P.B. Sahasranaman & T.S. Harikumar
For the Respondents:Addl. Advocate General (Ranjith Thampan) & Spl. Government Pleader (M.H. Hanil Kumar)

JUDGMENT :

Hrishikesh Roy, J.

Heard Sri. P.B. Sahasranaman, the learned counsel for the appellants/writ petitioners. Also heard Sri. M.H. Hanil Kumar, the learned Government Pleader appearing for the respondents.

2. The appellants are the owners of property having an extent of 75.60 Ares of land in the Re-Sy.Nos.487/2A/5, 522/11A/2, 522/7C, 522/11A/1 of Block No.13632 and 13633 of Punalur Village. They submitted application before the Tahsildar (LR), Punalur seeking additional entry in the Basic Tax Register in accordance with the current lie and nature of the property. The land owners projected that they had already secured favourable order on 19.12.2017 (Ext.P2) whereby, they were permitted to make construction of commercial building on 70.66 Ares of their land, by the Revenue Divisional Officer under the Kerala Land Utilization Order, 1967, subject to the following conditions:

“ ................................................

1. The flow of water in the land shall not be disturbed. It shall not cause flow of water in the canal on the southern side and boundary wall shall be constructed to protect it.

2. Steps shall be taken for waste management which shall not affect the agricultural








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