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

2023 Supreme(Ker) 555

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
District Collector – Appellant
Versus
Sajith Lal – Respondent


Advocates Appeared:
For the Appellants :K.P. Jayachandran (Addl. Advocate General).
For the Respondent: Enoch David Simon Joel, S. Sreedev, Leo Lukose & Rony Jose.

JUDGMENT :

A. Muhamed Mustaque, J.

The State has come up with this appeal challenging the direction of the learned Single Judge directing the District Collector, Wayanad, to take up the application for explosive licence de hors the fact that the land was originally exempted as a plantation under Section 81 of the Kerala Land Reforms Act, 1961 (for short, the 'KLR Act').

2. The learned Government Pleader assailing the judgment argued the matter in extenso. According to the learned Government Pleader, the consequence of conversion of the land for non exempted purposes would entail in resumption proceedings qua ceiling and, therefore, a land holder cannot be permitted to utilise the land for other purposes. The learned Government Pleader referred to various provisions of the KLR Act to highlight his arguments.

3. The learned counsel for the writ petitioner placed reliance on the following judgments :

    i. Mathew K. Jacob v. District Environmental Impact Assessment Authority [2018 (4) KLT 913 (F.B.)];

ii. Aishabeevi and Another v. Superintendent of Police, Ernakulam and Others [2014 (3) KHC 678];

iii. Elias T.V. And Others v. Sub Collector, Wayanad and Others [2019 (2) KHC 881] and;

iv. Kinallur

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