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2024 Supreme(Online)(KER) 5294

HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
R.VISWANATHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
PIRAPPANCODE V.S.SUDHIR, SRI.JELSON J.EDAMPADAM, SMT.A.MEGHA, SRI.N.NANDAKUMARA MENON (SR.), SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION, SUMAN CHAKRAVARTHY, SRI. BIMAL K NATH- SR. GP

JUDGEMENT

1 The petitioner submitted Ext.P8 Application dated September, 2016 under Clause 6(2) of the Kerala Land Utilization Order, 1967 seeking conversion of two items of properties belonging to him on the ground that the same have been remaining as dry lands for the last more than 50 years.

2 The 4th respondent rejected Ext.P8 Application by Ext.P9 Order, treating it as an Application under the Kerala Conservation of Paddy Land Wet Land Act, 2008 holding that there is no provision for conversion for commercial purposes. The petitioner challenged Ext.P9 in this Court and this Court by Ext.P15 judgment set aside Ext.P9 Order and directed the 4th respondent to take a fresh decision on Ext.P8 Application. Thereafter, the 4th respondent considered the matter again and passed Ext.P16 order holding that the remedy of the petitioner is to submit Application under Section 27A of the Kerala Conservation of Paddy Land Wet Land Act, 2008 .

3 The petitioner filed appeal against Ext.P16 Order and the same was dismissed as per Ext.P20 order holding that the petitioner is free to apply under Section 27A of the Kerala Conservation of Paddy Land Wet Land Act, 2008 when Rules are framed there

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