SONA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking for a direction to the respondent Nos. 2 to 4 to change the entries in the Basic Tax Register and Village records with respect to the property owned by the petitioner and to make use of the land for other purposes. The petitioner is the owner in possession of 10.12 acres , 10.12 acres , 12.96 acres and 1.94 acres in Survey Nos. 750/pt, 753/pt and 755/pt of Ayyanthole Village in Thrissur taluk. Ext. P1 is the application under clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO").

(2.) The Collector has power under KLUO to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the property is reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram and others,2010 2 KHC 499 held as follows:

(3.) In Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham, 2012 4 KerLT 511 another Division Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In Praveen's case also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector.