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2025 Supreme(Ker) 960

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
MOIDEEN S/o. MUHAMMED – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV BINOY VASUDEVAN
For the Respondent: GP- NIMA JACOB

JUDGMENT :

1. Above writ petition is filed challenging Ext.P12 order whereby the Form-5 application submitted by the petitioner has been rejected.

2. It is averred in the writ petition that the petitioner is in ownership and possession of 16 cents of dry land in Sy.Nos.9/5, 8/2A and 8/2B of Vaniyamkulam I Village, Ottappalam Taluk, Palakkad District. It is contended that the property is situated adjacent to the State Highway from Shornur to Palakkad and is surrounded by several commercial buildings. The property is reclaimed atleast 25 years ago and there is no paddy cultivation in the property atleast during the last 50 years. Earlier the request for issuance of building permit for construction of a commercial building was rejected stating that the property is classified as ‘nilam’ and ‘nanja’ in the revenue records. While so, an application was filed under clause 6(2) of the Kerala Land Utilisation Order, 1967 and a writ petition was filed as WP(C) No.3540 of 2017 seeking expeditious consideration of the said application. In the said writ petition, Ext.P7 report was filed by Local Level Monitoring Committee, wherein it is reported that the property in Sy.Nos.8/2A and 8/2B are not i

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