permitting conversion, under the Kerala Land Utilisation Order, 1967
(for brevity "KLU Order") only for construction of a residential house for
the owner ... have declined the
permission sought for under Clause 6 of the KLU Order. The Circular,
it is argued, cannot fetter the discretion conferred
application under Clause 6(2) of the Kerala Land
Utilisation Order, 1967 (KLU Order for short) before the 4 th
W.P.(C)No.10016 ... respondent to reconsider Ext.P9 application under
the provisions of the KLU Order and dispose of the same adverting
to Ext.P8 report
clause 4 of
the Kerala Land Utilisation Order (hereinafter referred to
as KLU Order for short), 1967 as under:
WPC No.15148/2010 ... notification dated 10th February 1986
that the KLU order was amended on the strength of
Ext.P10 order dated 9th June 1978.
4. According
Clause 6 of the Kerala Land Utilization Order,
1967 [for brevity "KLU Order"], at Exhibit P10, before the Revenue
Divisional Officer [for brevity ... shall
re-consider Exhibit P10 application under Clause 6 of the KLU Order in
accordance with the directions/declaration in Shivadasan, after
getting a report
Officer (RDO), under Clause 6 of the
Kerala Land Utilisation Order, 1967 (KLU Order).
3. W.P.(C)No.33574 of 2019 is filed challenging ... extent, making certain stipulations while granting order under
Clause 6 of the KLU Order.
4. The petitioner is the holder of a land
Collector,
Thiruvananthapuram under Clause 6 of the Kerala Land
Utilisation Order (KLU order). This was rejected by the Sub
Collector ... have started
construction of a building without obtaining necessary orders.
2. KLU order is in a subordinate legislation issued
invoking power under Essential Commodities
Kerala Land Utilisation
Order, 1967 (hereinafter referred to as 'KLU Order' for short). This
direction was not complied citing incorporation of section ... Revenue Divisional
Officer in granting permission under Clause 6 of the KLU Order.
2. The learned Government Pleader relying on circular dated
22.12.2016, argued that
തരപ "Nilam" എനന പരഖടപടുതക്കിയക്കിരക്കിക്കുന,
ആയതക്കിനതാല തതാങ്കളുടട ടകെടക്കിടനക്കിര്മതാണ അപപേക്ഷ പേരക്കിഗണക്കിക്കുനതക്കിനന KLU
ഉതരവന ഹതാജരതാപകണ്ടതതാണന ."
WP(C).No.20542 ... under the
Essential Commodities Act or any order issued thereunder,
including the KLU Order to put the said piece of land to a
particular
provisions of Clause 6 of the Kerala Land Utilisation Order ("KLU
Order" for short), to the extent to which only 5 cents ... District Collector confined the benefit of Clause 6
of the KLU Order to only 5 cents of land and not to the entire 10.82
ares
judgment reads
thus:-
"27. The Collector; as defined under the KLU Order, was
empowered to grant permission to utilise the land for other purposes ... Clause
W.P.(C).No.33108 of 2017 3
6 of the KLU Order. Reading the provisions of the KLU Order and the
Circular
