SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Ker) 643

Sudheesh R. S/o C. Rajan – Appellant
Versus
State of Kerala, Rep. by its Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Jacob Sebastian, Sri. K.V. Winston, Smt. Anu Jacob.
For the Respondents: Sri. Ranjith Thampan, Sri. P.S. Appu, Sri. Binoy Vasudevan, Sri. T.C. Suresh Menon.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. Relief, as sought for by the petitioner, is against the objections raised by the Town Planner, Palakkad, in a matter related to the construction in paddy land. This construction was undertaken based on the order of permission granted by the District Level Authorised Committee (DLAC) constituted under Section 9 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 [Act 28 of 2008]. The objection pointed out by the Town Planner, essentially, is referring to noncompliance of coverage under the Kerala Municipality Building Rules, 1999 for constructing the residential house in a land of 5 cents based on permission granted by DLAC.

2. During the course of hearing this Court entertained doubt in regard to the legality of the order passed by DLAC by granting permission to a landowner who consciously purchased a land being a paddy land in the year 2015. Taking note of nature of order and its impact, if such order is allowed to muster the backing of the law, this Court sought views of the Government. Accordingly, the learned Additional Advocate General, Shri Renjith Thampan addressed this Court.

3. The learned Additional Advocate General after refe

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top