Muhammed Rijas Vazhayil vs The District Collector
2021 Latest Caselaw 340 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA,
                          1942

                  WP(C).No.28851 OF 2020(F)


PETITIONER:

              MUHAMMED RIJAS VAZHAYIL, AGED 30 YEARS
              S/O. MAMMOOTTY, MAJIRA MANZIL, NADAPURAM,
              KOZHIKODE 673 504.

              BY ADVS.
              SRI.MUDASSER AHAMED
              SRI.MUNEER AHMED
              SHRI.JAYKAR.K.S.

RESPONDENTS:

     1        THE DISTRICT COLLECTOR, KOZHIKODE,
              COLLECTORATE, CIVIL STATION, P.O. KOZHIKODE
              673 020.

     2        THE KOZHIKODE CORPORATION,
              REPRESENTED BY ITS SECRETARY, OFFICE OF THE
              KOZHIKODE CORPORATION, BEACH ROAD, KOZHIKODE
              673 032.

              R2 BY ADV. SRI.G.SANTHOSH KUMAR (P).

              K J MANURAJ SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
 WP(C).No.28851 OF 2020(F)

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                            JUDGMENT

Dated this the 6th day of January 2021

The petitioner submitted an application under the Kerala Land

Utilisation Order, 1967 (KLUO). According to him, this application

has been submitted prior to 30.12.2017, the date on which Sec.27A

was incorporated. If the petitioner's application has been received

prior to 30.12.2017, the 1st respondent shall consider such

application under KLUO, without insisting compliance of Sec.27A

of Act 28 of 2008. Appropriate decision shall be taken by the 1 st

respondent, within a period of one month. If KLUO application is

allowed, the petitioner's application for building permit shall be

considered by the 2nd respondent, in accordance with law.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.28851 OF 2020(F)

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED REGISTERED AS DOCUMENT NO 3827 OF 2105 IN THE OFFICE OF SRO KAKKODI, KOZHIKODE.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 28.02.2017 PASSED IN WRIT PETITIONER CIVIL NO. 34235 OF 2016.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 16.05.2017 ISSUED BY THE AGRICULTURAL FILED OFFICER, TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.11.2017 ISSUED BY THE SUB COLLECTOR KOZHIKODE TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF HE SUB COLLECTOR KOZHIKODE DATED 21.12.2017.