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2021 Supreme(Online)(KER) 4244

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
M/S.MELMONT CONSTRUCTIONS PVT LTD. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SANTHOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN, SRI.VIJAY V. PAUL, SMT.KARTHIKA MARIA, SRI.ANIL SEBASTIAN PULICKEL, SMT.DIVYA SARA GEORGE, SMT.JAISY ELZA JOE, SHRI.ABI BENNY AREECKAL, SMT.VEENA RAVEENDRAN
For the Respondents: SRI.G.G.MANOJ, SRI.S.SARATH PRASAD, SRI.RENJITH THAMPAN

Table of Content
1. facts about the petitioners' real estate development and land classification. (Para 1 , 2 , 3)
2. details on applications submitted for construction and permits. (Para 4 , 5)
3. discussion on the applicability of klu order for prior land use. (Para 9 , 10)
4. clarification of responsibilities under new land use legislations. (Para 11 , 12)
5. final directives for the municipality and district collector. (Para 13 , 14)

JUDGMENT

Issues arising for consideration in these matters are closely interlinked and they are, therefore, disposed of by this common judgment. Parties and documents are referred to in this judgment, as they appear in W.P.(C) No.3381 of 2021.

2. The facts relevant for adjudication of the issues are the following : Petitioners are real estate developers. They own lands in Vazhakkala Village within the limits of Thrikkakkara Municipality (the Municipality). A portion of the lands owned by the petitioners is shown in the revenue records as 'Nilam' and the rest as 'Purayidom'. The lands were purchased by the petitioners for the purpose of promoting jointly a residential/commercial project prior to the implementation of the Kerala Municipality Building Rules ,

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