IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
PRAMOD KUMAR M.S., P.V. LATHAKUMARY, JOHN V. CHERIAN, P.G. SEBASTIAN, DR. LUCY SEBASTIAN, SHEELA VINCY MATHEW, THOMAS JOHN, OOMMEN JOHN, KURIAN MATHAI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. acquisition and classification of land. (Para 1) |
| 2. application rejection based on previous classifications. (Para 2 , 3) |
| 3. legal precedent regarding land classifications. (Para 4) |
J U D G M E N T
The petitioners in these writ petitions are stated to have purchased/allotted various plots under the “Kodimatha Multipurpose Housing Project” introduced by the Kottayam Municipality during the year 1991. According to the petitioners, the lands so allotted to them were acquired by the Municipality in large extents which were originally categorised as “Nilam” as per the revenue records and they have been sold to the respective petitioners as residential plots. The petitioners contend that when they submitted applications in Form-5, they have been rejected by the Revenue Divisional Officer.
3. The petitioners contend that, insofar as the properties which were the subject matter of Form-5 applications were originally acquired by the Municipality, as stated above, the provisions of the Kerala Conservation of Paddy Land and Wetland Act , 2008, could not have any application to the land in question.
“25. Taking into account all the above aspects, we are of the considered opinion t
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