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2023 Supreme(Ker) 776

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Varghese Kurian – Appellant
Versus
State of Kerala, Represented by Secretary, Department of Revenue – Respondent


Advocates Appeared:
For the Appellant : Sri. Mathew A. Kuzhalanadan.
For the Respondent:Sri. K.P. Jayachandran, Addl. Advocate General, Sri. Hanil Kumar, GP.

JUDGMENT :

A. Muhamed Mustaque, J.

This writ appeal arises from judgment dated 14.11.2016 of the learned Single Judge in WP(C) No.32145 of 2016. The above case was disposed of with a connected matter.

2. The issue, that was considered by the learned Single Judge is whether the land assigned under the Land Assignment Rules, 1964 can be used for any other purpose other than the purpose, for which the land has been assigned. The matter came up before the learned Single Judge when a stop memo was issued by the revenue authority to prohibit construction of a commercial building in the land without obtaining No Objection Certificate (NOC) from the revenue authority, in the light of an interim order passed by this Court in WP(C) No.1801 of 2010 on 21.01.2010. The learned Single Judge has gone into the matter in detail and came to the conclusion that the construction cannot be undertaken deviating from the purpose for assignment and the Government should initiate proceedings for cancellation of assignment and vest the land back in the Government or assign the land to others for the purpose of cultivation.

3. Dr. Mathew Kuzhalanadan, learned counsel for the appellant, referring to various provi

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