JOSSY CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred by the owner of an extent of 105.81 Ares of property comprised in Re-survey Nos. 157/3, 4, 5, 6, and 160/1, along with another property having an extent of 50 Ares with a building in Rs.No. 157/2 in Block No. 19 of Kunnumma Village in Kuttanadu Taluk. Altogether, the contiguous holdings amount to 155.81 Ares (385 Cents).

(2.) The challenge raised in this writ petition is primarily against certain conditions prescribed in Ext. P5 order passed by the 3rd respondent. The petitioner also seeks a declaration that he is entitled to utilise 105.81 Ares (comprised in Rs.Nos. 157/3, 4, 5, 6, and 160/1 in Block No. 19) for the cultivation of plantain, vegetables, and tubers. This entitlement is claimed on the strength of the direction given by the 3rd respondent, asserting that it constitutes a valid permission under Clause 6(2) of the Kerala Land Utilisation Order, 1967 (for short 'KLU Order').

(3.) Originally, the petitioner obtained permission under Clause 6(2) for converting a limited extent of land in Rs.Nos. 157/3, 4, 5, 6, and 160/1 (in Block No. 19). This conversion was specifically for a strip of land 6 meters in width and 125 meters in length, intended to provide access to the property having an extent of 50 Ares in Rs.No. 157/2 of Kunnumma Village. This permission was granted as per the order of the Sub Collector, Alappuzha, dtd. 17/12/2013. However, it was later realised that, on the strength of the order dtd. 17/12/2013, the petitioner had reclaimed a much larger extent of property. Consequently, the District Collector issued directions to inspect the property and take necessary steps against the unauthorised reclamation.