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2020 Supreme(Online)(KER) 9022

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MANESH JOY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Sri.Roy Chacko, Sri.P.S.George, Sri.V.M.Kurian, Sri.Sujith Mathew Jose, Smt.G Ranjita

JUDGMENT

Dated this the 9th day of December 2020 The petitioners approached the Revenue Divisional Offier, Pala with Clause 6 application under the Kerala Land Utilisation Order, 1967 (for short, 'KLU Order') in respect of the following properties:

DETAILS OF PROPERTY

Name of Village Block No. Sy.No. Extent TP No.
Puliyannoor 80 1/28-1 18.29 1409
80 1/28-2 33.70
80 1/7-5 01-36
80 1/67-3 01-32
18 357/16 01.13 7289

2. The Revenue Divisional Officer allowed the application on 22.01.2014. On the strength of the order passed by the Revenue Divisional Officer, the petitioners approached the Pala Municipality for building permit. The building permit application has been rejected on 18.12.2015 stating that as per the master plan, the land is recorded as 'paddy field' and as per the revenue records, the land is recorded as 'wetland'.

3. It is to be noted that the land is not included in the data bank. The petitioners have obtained permission under KLU Order. There is no difficulty for the Municipality in granting building permit based on KLU Order in respect of the land covered by such order. Merely for the reason that in the master plan and in the revenue records, the

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