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2019 Supreme(Ker) 266

A.M.SHAFFIQUE
T. V. Elias Managing Partner – Appellant
Versus
Sub – Collector Chairman – Respondent


Advocates Appeared:
For the Petitioners: Adv. Dr. George Abraham.
For the Respondents: Adv. Government Pleader Jafer Khan.

JUDGMENT :

1. These consolidated writ petitions present a principle issue in regard to the utilisation of the land which was exempted under Section 81 of the Kerala Land Reforms Act, 1963 (for short, the “KLR Act”). These matters were heard on different dates. However, it require consolidation on account of common issue arisen in the context of the demand made by the petitioners before the revenue authorities for obtaining possession and sketch etc. for utilising the land for other purposes.

2. I have heard the learned Senior Counsel, Shri N.N.Sugunapalan and Shri Bechu Kurian Thomas, Advocates Dr.George Abraham and Shri T.G.Rajendran on behalf of the petitioners. I have also heard learned Additional Advocate General Shri Ranjith Thampan ably assisted by the learned Government Pleader Shri Jaffer Khan.

3. The question is whether an exempted land under Section 81 of the KLR Act on being used for purposes other than which it was exempted, the Government would be justified in rejecting the request for revenue documents which require for using the land for other purposes. There are two sets of landowners, one set of landowner claims that they are using the land for other exempted categori

















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