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2021 Supreme(Ker) 238

P.B.SURESH KUMAR
Archana Varghese, W/o. Varghese M. George – Appellant
Versus
Tahsildar (Lr) Taluk Office, Adoor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri. Philip J. Vettickattu, Smt. Sajitha George, Advs.
For the Respondent: Smt. Renjitha. G, Government Pleader

JUDGMENT :

Petitioner owns an item of land measuring 39.37 cents in resurvey Nos.136/1, 136/2, 136/8-1 and 136/13 of Peringanad Village. Though the said land is classified in the revenue records as 'Nilam', the same has not been included as paddy land in the data bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). Nevertheless, the application preferred by the petitioner for building permit to construct a building in the land has been turned down by the local authority on the ground that building cannot be constructed on a land which is shown in the revenue records as 'Nilam'. Though the petitioner applied to the competent authority under the Kerala Land Utilization Order, 1967 [the KLU order] thereafter for permission to make use of the land for other purposes, the said request was turned down by the competent authority on the ground that permission cannot be granted in respect of a land which has already been converted. The petitioner challenged the decision of the competent authority under the KLU order before this court in W.P.(C) No.29182 of 2014, and the said writ petition was disposed of holding that permission of the competent authority under th

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