MOHAMMED ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The case projected in this Writ Petition (Civil) is as follows:- "Petitioner is the owner in possession of 98.64 ares of property in Re- survey Block No.13, Re-Sy,238/2 of Maradu Village.Petitioner submitted Ext.P1 application under the Kerala Land Utilisation Order, 1967 for permitting him to use this property for other purpose other than for cultivation. As per Ext.P6 judgment, this Court directed to consider petitioner's application under the Kerala Land Utilisation Order within one month from the date of judgment. So far the authority concerned has not passed any order. Surprisingly, as per Ext.P7 notice petitioner was asked to deposit an amount of Rs.1,29,41,896/- for permitting the petitioner to use his property for other purposes. Thereafter, issued Ext.P8 notice and thereby demanded the petitioner to pay an amount of Rs.2,36,83,792/- instead of Rs.1,29,41,896/- demanded in Ext.P7. The petitioner's application under Clause 6 of Kerala Land Utilisation Order, 1967 are filed before 31.12.2017 and hence the demand to remit the amount as per Section 27A of Kerala Conservation of Paddy Land and Wet Land Act, 2018 is illegal and unsustainable in law.

(2.) It is in the light of these factual averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers:-

(3.) Heard Sri. Peeyus A. Kottam, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.