JOSE UPPANI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is stated to be the Director of 'sneha sishrushalayam', which is a charitable organization and he has approached this Court impugning condition No.4 in Ext.P10 order issued by the District Collector under the provisions of the Kerala Land Utilisation Order, 1967 ("KLU Order" for short).

(2.) According to the petitioner, when the charitable organization attempted to make certain additional constructions in a building owned by them, it was objected to by the Cheranalloor Grama Panchayath stating that the property in question, where the existing building situated, is included as "Nilam" (Paddy Land) in the Basic Tax Register (BTR) and Revenue Records and therefore, that the petitioner must obtain necessary orders under the KLU Order. The petitioner says that he, therefore, preferred an application for such purpose, but when it is not considered, he was constrained to approach this Court by filing W.P.(C) No.36717/2017, in which an interim order was issued on 15.11.2017 directing that the said application be taken up and disposed of by the competent Authority.

(3.) The petitioner says, it is thereafter that Ext.P10 order was issued by the District Collector, but while doing so, he has imposed condition No.4 asking the petitioner to approach the Revenue Divisional Officer under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ("Paddy Land Act" for short); and contends that this condition is illegal and unlawful, since the application preferred by him was prior to 30.12.2017 and the direction to consider the same by this Court was also issued much prior to the said date.