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2021 Supreme(Online)(KER) 15011

HIGH COURT OF KERALA
SHAJI P.CHALY, J
C. V. AJAYAKUMAR – Appellant
Versus
PRINCIPAL SECRETARY AND COMMISSIONER – Respondent


Advocates:
V.A.JOHNSON (VARIKKAPPALLIL), SRI.P.R.VENKATESH, SMT. SOMY K.B., GP

JUDGMENT

Petitioner is the title holder of the property comprised in Re.Sy.No.87/14 of Kannadi-II Village in Palakkad district. According to the petitioner, predecessor in title of the property has constructed a foundation for the construction of a residential building after securing Ext.P3 order from the Revenue Divisional Officer, Palakkad, as per the provisions of the Kerala Land Utilization Order , 1967. Petitioner applied for a building permit to construct a commercial building and along with the same, the Kerala Land Utilization Order was produced. However, it was not considered by the Secretary of the Kannadi Grama Panchayat - the 7th respondent, stating that in the old Sy.No., property of the petitioner is described as paddy field in the data bank and other documents. Therefore, petitioner was directed to rectify the defects and produce necessary orders before the Secretary in order to enable the Secretary to proceed to consider the building permit application submitted by the petitioner.

2. The case projected by the petitioner is that, since the predecessor in title of the property has secured necessary orders under the Kerala Land Utilization Order , 1967, the Secretary

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