The petition challenged orders passed under the Kerala Land Utilization Order, 1967. The Court held that without a definite finding of cultivation with food crops, the relevant clause was inapplicable and quashed the orders.
Quashing of Exts. P2, P3 and P4 orders; direction to 2nd respondent to reconsider the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 2ND NOVEMBER 2007 / 11TH KARTHIKA 1929
WP(C).No. 18217 of 2007(R)
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PETITIONER:
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MADIYATH SARASAN, S/O. C.P.KUNHIRAMAN, NOW RESIDING AT SRILAKSHMI, CHEMBILODE, KANNUR.
BY ADV. SRI.M.K.SUMOD
SRI.KAUSER EDAPPAGATH
RESPONDENTS:
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1. P.R. MOHANAN, SECRETARY, DYFI, CHEMBILODE VILLAGE COMMITTEE, CHEMBILODE, KANNUR.
2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THALASSERY.
3. THE COMMISSIONER,
THE OFFICE OF THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM.
4. THE SECRETARY, AGRICULTURE (NCA) DEPARTMENT,THIRUVANANTHAPURAM.
BY ADV. SRI.P.M.PAREETH GOVERNMENT PLEADER SRI.M.R.SABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.18217/07
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE ORDER WITH REF.NO.L.1754/99 DT.5.3.99.
EXT.P2: TRUE COPY OF THE ORDER RE.NO.LRA1-25351/99 DDIS ISSUED BY THE 3RD RESPONDENT, DT.29.12.1999.
EXT.P3: TRUE COPY OF THE ORDER REF.NO.G.O(RT)NO.384/06/AD DT.16.3.2007.
EXT.P4: TRUE COPY OF THE ORDER WITH REF.NO.L.1754/99 DT.29.6.99
//TRUE COPY//
ANTONY DOMINIC, J. =============== W.P.(C) NO. 18217 OF 2007 R
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Dated this the 2nd day of November, 2007
J U D G M E N T
The challenge in this writ petition is against Exts.P2, P3 and P4 orders passed under the provisions of the Kerala Land Utilization Order, 1967. The proceedings have been initiated and concluded on the assumption that without the permission in terms of the above order, petitioner has converted the land and thus violated the said order. It is on that sole basis, Exts. P2, P3 and P4 orders were issued.
Writ petition is disposed of.
ANTONY DOMINIC, JUDGE.
Rp
1 issue framed by the court
Whether the orders passed under the Kerala Land Utilization Order, 1967 can be sustained in the absence of a definite finding that the land was under cultivation with food crops.
1 provisions across 1 enactments
MADIYATH SARASAN
P.R. MOHANAN
THE REVENUE DIVISIONAL OFFICER
THE COMMISSIONER, THE OFFICE OF THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM
THE SECRETARY, AGRICULTURE (NCA) DEPARTMENT,THIRUVANANTHAPURAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
