IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. MANOJ, J
JOSSY CHACKO – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
P.M. MANOJ, J.
The writ petition is preferred by the owner of an extent of 105.81 Ares of property comprised in Re-survey Nos. 157/3, 4, 5, 6, and 160/1, along with another property having an extent of 50 Ares with a building in RS No. 157/2 in Block No. 19 of Kunnumma Village in Kuttanadu Taluk. Altogether, the contiguous holdings amount to 155.81 Ares (385 Cents).
2. The challenge raised in this writ petition is primarily against certain conditions prescribed in Ext. P5 order passed by the 3rd respondent. The petitioner also seeks a declaration that he is entitled to utilise 105.81 Ares (comprised in RS Nos. 157/3, 4, 5, 6, and 160/1 in Block No. 19) for the cultivation of plantain, vegetables, and tubers. This entitlement is claimed on the strength of the direction given by the 3rd respondent, asserting that it constitutes a valid permission under Clause 6(2) of the Kerala Land Utilisation Order, 1967 (for short ‘KLU Order’).
3. Originally, the petitioner obtained permission under Clause 6(2) for converting a limited extent of land in RS Nos. 157/3, 4, 5, 6, and 160/1 (in Block No. 19). This conversion was specifically for a strip of land 6 meters in width and 125 meters
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