IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4339 of 2008(N)
1. P.VIJAYAN , S/O. PADMANABHAN
... Petitioner
2. MANIAMMA,W/O.P.VIJAYAN
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHASILDAR KOTTARAKKARA,QUILON.
4. THE VILLAGE OFFICER,VILLAGE OFFICE
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 4339 OF 2008 N
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Dated this the 13 th February, 2008
J U D G M E N T
Petitioner submits that by Ext. P1, a plot of 10 cents of land
was purchased by him. Thereafter Ext. P2 application was made to
the 3rd respondent seeking his permission under the Kerala Land
Utilisation Order for filling up the same. It is stated that while
orders were not passed, Ext. P3 prohibitory order was issued and it
is challenging Ext. P3 this writ petition is filed.
2. It is pointed out by the learned Govt. Pleader that without
obtaining sanction under the Kerala Land Utilisation Order, when
land was attempted to be filled up, respondents have issued Ext. P3
prohibitory order.
3. Evidently, the land purchased by the petitioner needed
permission for conversion and it is therefore that the petitioner had
made Ext. P2 application. Once Ext. P2 application is made,
petitioner should not have done anything without obtaining
permission. He having attempted to convert the land without
W.P.(C) No. 4339 OF 2008 -2-
permission, the respondents cannot be faulted for issuing Ext. P3
prohibitory order.
4. Be that as it may, since Ext. P2 application filed by the
petitioner is pending, the 3rd respondent is obliged to consider the
same on merits. Therefore, I dispose of this writ petition directing
that the 3rd respondent shall take up for consideration Ext. P2 and
pass orders thereon with notice to the petitioner as expeditiously as
possible, at any rate within 4 weeks of production of a copy of this
judgment.
In the meanwhile Ext. P3 order will continue to be in force and
its further continuance will depend upon the decision on Ext. P2
application made by the petitioner.
ANTONY DOMINIC
JUDGE
jan/-