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2022 Supreme(Online)(KER) 17229

HIGH COURT OF KERALA
N. NAGARESH, J
N. HARIDAS – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER PALAKKAD – Respondent


Advocates:
JACOB SEBASTIAN, K.V. WINSTON, ANU JACOB

J U D G M E N T

Dated this the 7th day of November, 2022 The petitioner is owner in possession of 0.06 Hectare of land comprised in Re-Survey No.60/4 in Block No.31 of Kavassery II Village, Alathur in Palakkad District.

2. The petitioner states that he has approached the Revenue Divisional Officer in the year 2006 seeking permission to use the land for non-agricultural purposes, invoking Clause 6 of the Kerala Land Utilisation Order, 1967 . The Revenue Divisional Officer, after making necessary enquiries, has granted permission to use the land for non-agricultural purposes. Therefore, the petitioner constructed a building in the property.

3. Later, it was found that the land is included in the Data Bank. The petitioner thereupon submitted Ext.P7 application dated 03.08.2017 before the Local Level Monitoring Committee seeking to remove the land from the Data Bank. The grievance of the petitioner is that Ext.P7 has not been acted upon and the Agricultural Officer has endorsed in Ext.P7 that since the building is constructed without obtaining prior sanction, removal from the Data Bank cannot be recommended.

4. The counsel for the petitioner argued that the petitioner had already approac

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