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2020 Supreme(Ker) 907

A.MUHAMED MUSTAQUE
Mary John W/o Late John – Appellant
Versus
District Collector, Idukki – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. P.K. Soyuz, Sri. Jelson J. Edampadam.
For the Respondents: Sri. M.L. Sajeev, Sri. Shyson P. Manguzha.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. The petitioner is the owner of land comprised in Resurvey No. 484/3-1 of Purapuza Village, Thodupuzha Taluk having an extent of 10.51 Ares. The land as per the BTR is a nilam. However, in the data bank, it is entered as converted land in the year 2006 with a cultivation of plantain, coconut, vegetables etc.

2. The petitioner approached the Revenue Divisional Officer under Clause 6 of the Kerala Land Utilisation Order, 1967 (for short the ‘Utilisation Order’) to utilize the land for other purposes. The Revenue Divisional Officer noting that there is no cultivation in the land for a long period allowed utilization of the land for other purposes as per his order dated 17.03.2015. Thereafter, the petitioner approached the Grama Panchayath for building permit. The Grama Panchayath, taking note of the order under the Utilisation Order, sought a clarification from the Sub-Collector. Acting upon such clarification, the Sub-Collector issued Ext.P7. It appears that there was a change of hand in the office of the Sub-Collector. The Sub-Collector issued Ext.P7 intimating that the District Collector to review the order under Clause 6 of the Utilization Order a

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