JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is at the instance of the writ petitioner. The main challenge in the writ petition was against the order of the District Collector, Ernakulam, under Clause 6 of the Kerala Land Utilisation Order (for short, 'KLU Order'). The District Collector considered the application under Clause 6 of KLU Order pursuant to the judgment of this Court in W.P.(C) No.35567/2016.

(2.) The District Collector noted that the land is a converted land planted with cultivating crops like Coconut, Jackfruit for quite a long time. Accordingly, the writ appellant was granted permission to utilize the land for agricultural purposes other than paddy cultivation subject to conditions. The conditions are enumerated as follows:

(3.) The appellant, aggrieved by the conditions noted as above, approached the Land Revenue Commissioner in an appeal. The Land Revenue Commissioner refused to interfere with the conditions so imposed. The petitioner, thereafter, approached the Collector under KLU Order to utilise the land for purposes other than agricultural purposes by Ext.P15. In the writ petition filed before this Court, the appellant/writ petitioner challenged the conditions as above in KLU Order and also sought mandamus commanding the Collector to permit him to use the property for purposes other than agricultural purposes. The learned Single Judge only directed the consideration of Ext.P15, the request for using the land for purposes other than agricultural purposes. This is how the appellant approached this Court in this appeal.