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2025 Supreme(Online)(Ker) 25465

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
K.M. SAMUEL – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.P.PRADEEP, SRI.P.K.SATHEES KUMAR, SRI.R.K.PRASANTH, SMT.MINIKUMARY M.V., SHRI.JIJO JOSEPH
For the Respondents: GP SMT DEEPA V

JUDGMENT

Dated this the 04th day of June, 2025 The writ petition is filed to quash Ext.P8 order and direct the 3rd respondent to classify the petitioner’s property described in the writ petition as ‘Purayidom’ in the basic tax register and all revenue records.

2. The petitioner and his wife are the co-owners of

68 Ares of land situated in Perumpetty Village, covered by Ext.P1 land tax receipt and sale deed No.1429/2004 of Vennikkulam Sub Registry Office. The petitioner’s property is a dry land and has coconut trees aged 40 years and other plantations. In order to use the property for any other purpose other than agriculture, petitioner had submitted an application under Clause 6(2) of the Kerala Land Utilisation Order , 1967 (‘ KLUO ’ for short), which was allowed by Ext.P3 order dated 22.08.2017. Pursuant to Ext.P3 order, the petitioner has constructed an auditorium in the said property on the strength of Ext.P4 building permit. After that, the petitioner had submitted a Form 5 application before the 1st respondent, to exclude the petitioner's property from the data bank. By Ext.P6 order, the said application was allowed. Consequently, the petitioner filed Ext.P7 application (Form A)

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