This writ petition is filed by the owner of 7 cents of land in Re- survey No.259/4 of Block No.17 of Parudur Village. The petitioner approached the Local Level Monitoring Committee for the purpose of constructing a residential building. It seems that the request has been rejected. Thereafter the petitioner approached the District Collector, he granted permission. Thereafter, by Ext.P9 the Government set aside the order passed by the District Collector. It appears that Ext.P9 order is passed treating the property as 'nilam'. Ext.P10 discloses that in the draft Data Bank, Survey No.259/4 is not included. 2. The learned Government Pleader, on instruction, submits that the property situated in Survey No.259/4 is not included in the draft Data Bank.
3. In view of the above, the order passed by the Government in Ext.P9 is set aside. The question remains whether the petitioner requires permission in terms of KLUO for construction of a residential building. It is seen that the permission has been granted by the District Collector, though in a different context, but that can be treated as a valid permission in terms of Clause 6 of Kerala Land Utilization Order. Therefore, petitioner can undertake the construction of the residential building based on any valid W.P.(C) No.24000/2013 2 permit issued by the Local Authority.
The writ petition is disposed of as above.
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A. MUHAMED MUSTAQUE, JUDGE.
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