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VIJU ABRAHAM
Musthafa, S/O Ibrahim – Appellant
Versus
State of Kerala Rep. By It's Secretary To Government, Revenue Department – Respondent
JUDGMENT :
Petitioner has approached this court aggrieved by Ext.P4 order to the extent it directs to correct Revenue Records concerning the petitioner’s land as converted dry land/“swabhava vyathiyanam nadathiya purayidom” and also to quash the conditions therein that the order is subject to the judgment in SLP No.9524 of 2020 and Ext.P5 circular.
2. Petitioner’s case is that the land in question having an extent of 8.29 Ares was converted in the year 1995. Therefore, an application under Clause 6(2) of the KLU Order, 1967 was filed and by Ext.P2, the said application was allowed granting permission to the petitioner to use his property for any other purpose after finding that the land is lying as a “purayidom”. Thereafter, Ext.P3 application was submitted in Form A before the 3rd respondent for re-assessment of land and for effecting changes in the nature of the land in the BTR and relevant revenue records as purayidom instead of nilam. Pursuant to the direction issued by this court in W.P(C) No.25965 of 2022, Form A application submitted by the petitioner was allowed as per Ext.P4 order directing to correct Revenue Records concerning the petitioner’s land as converted dry land/”sw
The amended provisions of the Act 2008 have no application if a KLU order is obtained prior to the cut-off date. The circular applies only to cases where change of nature of the land has been ordered....
Revenue Record - If orders are secured under KLU Order prior to cut off date, 30.12.2017, amended provisions of Act will not apply and additional entries regarding the change of description of land a....
Revenue records as dry land - Permission to make use of land for other purposes - Lands which are classified as 'Nilam' in revenue records, but not included as paddy lands in data bank prepared under....
Kerala Land Utilisation Order, 1967 was issued by the Government of Kerala under the Essential Commodities Act, 1955 at a time when India was facing food grain deficit and there were some restriction....
Applications for land conversion submitted before the cut-off date are not subject to the new conditions imposed by the Amendment Act.
The court upheld the principle that legislative amendments affect applications submitted thereafter, providing clarity on how they relate to earlier submissions.
The court emphasized the necessity of considering prior orders and relevant legal principles in evaluating land use under specific statutes.
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