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2020 Supreme(Online)(KER) 18816

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
K. MURALI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Sri.Lindons C. Davis, Smt. E.U. Dhanya

JUDGMENT

The case set up in the W.P.(C.) is as follows :

That the petitioner is having absolute title and possession over Re-

survey No.8/8 with an extent of 2.06 Ares of land in Chittur Village of Palakkad District. The said land is a barren land for years. The petitioner belongs to a very poor family and he has no house and therefore, living in a rented house. The petitioner is classified as an urban poor and is found to be a beneficiary of PMAY Scheme. The petitioner has no property other than said above. Therefore, the petitioner has made an application to permit him to utilize the land for residential purpose as per Section 9 of the Kerala Conservation of Paddy land and Wetland Act. But the said application was rejected by the District Level Authorized Committee by way of Ext.P4 and P5 orders for the sole reason the land is a “barren paddy land”.

Against the same, the petitioner has filed an appeal before the District Collector, Palakkad. The District Collector has summarily rejected 20 appeals, including that of petitioner, for the reason that, the property had come to the hands of the appellants after the date of commencement of Act.

The order of rejection of appeals was passe

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