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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABDUL AZEEZ K. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner contests land use restrictions imposed by government. (Para 1 , 2 , 3) |
| 2. court affirms legality of government order. (Para 4) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
“i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the restrictive condition contained in Order No.RDOPTM/4156/2022-TII dated 31.10.2022 issued by the 2nd respondent, in so far as it mandates that the petitioner’s property shall be used only for the construction of a residential building, such condition being wholly without jurisdiction, ultra vires Section 27A of the Kerala Conservation of Paddy Land and Wetland Act , 2008, and liable to be set aside..
ii. Issue a writ of mandamus directing the 5th respondent to consider and issue a building permit for the commercial building constructed by the petitioner, without reference to the impugned condition.
Iii. Declare that the petitioner’s land, being reclaimed prior to 2008 and excluded from the Paddy Land Data Bank, is not governed by the restrictions under the Kerala Conservation of Paddy Land and Wetland Act , 2008.
iv.Declare that the 2nd respondent has no authority u
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