NON-REFERENCE TO KERALA LAND UTILISATION ORDER IN COMMUNICATION CANNOT BE TREATED AS ONE IGNORING THE KERALA LAND UTILISATION ORDER:KERALA HIGH COURT
The High Court of Kerala passed a judgement on 12 January, 2023 stated that Non-reference to Kerala Land Utilisation Order in communication cannot be treated as one ignoring the Kerala Land Utilisation Order. It was stated in the case of Maheshkumar V vs A.N. Anitha Devi (COC No.1933 of 2022) which was passed by the single judge bench comprising of JUSTICE N.NAGARESH
FACTS OF THE CASE:
The petitioner has filed Contempt of Court Case alleging that there is violation of the directions contained in the judgment. The Standing Counsel for the respondent produced Communication No.143-21-22/E6 dated 26.07.2022 wherein, the Superintendent/Assistant Engineer of the Palakkad Municipality has communicated that permission can be granted only for building of 120 square metre area. The petitioner was required to submit a revised Building Permit/Plan in order to consider his Building Permit application.
JUDGEMENT OF THE CASE
The court found that there is no Contempt of Court involved. The Contempt of Court Case is dismissed granting liberty to the petitioner to challenge the communication now made, if the petitioner is so advised.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.