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2022 Supreme(Ker) 267

ANU SIVARAMAN
M. Rajeshkumar, S/o. Late Madhavan – Appellant
Versus
District Collector, Ernakulam, Civil Station, Kakkanad, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: P.K. Soyuz, E.V. Babychan.
For the Respondent: Smt. Princy Xavier-SR.GP.

JUDGMENT :

1. The petitioner is the owner in possession of 10.82 Ares of land in Re-Survey Nos.11 and 12 in Block No.47 (Old Survey No.161/3) of Nadama Village, Kanayannur Taluk, Ernakulam District. It is submitted that the land along with a residential building was purchased by the petitioner in the year 2004.

2. It is submitted that the petitioner had submitted applications under the Kerala Land Utilization Order for using the land for other purposes and by Ext.P2 judgment dated 30.08.2017, the said application was directed to be considered. It is submitted that pursuant to Ext.P2 judgment, the LLMC had considered the matter and had placed Ext.P3 report before the District Collector pointing out that the property was dry land and that there is a house aged more than 28 years in the property. The learned counsel for the petitioner submits that Ext.P6 order had ultimately been passed granting permission to the petitioner under Clause 6(2) of the Kerala Land Utilization order on 23.01.2020 after Ext.P4 proceedings has been set aside by Ext.P5 judgment and a reconsideration had been ordered. Pursuant to Ext.P6 order, the petitioner has preferred Ext.P7 representation along with an appl

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