IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16399 of 2008(B)
1. T.V.VIJAYAKUMARAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/06/2008
O R D E R
S.SIRI JAGAN, J
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W.P.(C).Nos. 16399, 16493 and 16495 OF 2008
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Dated this the 3rd day of June, 2008.
J U D G M E N T
In these three writ petitions, the respective petitioners filed
applications under the Kerala Land Utilisation Order seeking
permission to convert wet land as dry land for the purpose of
construction of house. Their grievance is that their applications
are not being accepted by the Revenue Divisional Officer on the
ground that by Ext.P2, the Government has directed not to
accept or consider applications under the Kerala Land Utilisation
Order, since a bill for amendment of the Kerala Land Utilisation
Order has been introduced in the Assembly on 19.9.2007. The
petitioners seek a direction to the concerned Revenue Divisional
Officer to consider the application in accordance with law as it
exists today.
2. The learned Government Pleader opposes the writ
petition. He would submit that in view of Ext.P2 order of the
Government, the Revenue Divisional Officer cannot consider
applications now. This court has in several writ petitions held
W.P.(C).Nos. 16399, 16493 and 16495 OF 2008 2
that simply on the ground that introduction of an amendment bill
in the Assembly, the respondents cannot refuse to consider
applications which have been filed in accordance with law as it
exists. Therefore I am satisfied that the Revenue Divisional
Officer concerned is bound to consider the applications submitted
by the petitioner under the Kerala Land Utilisation Order.
Accordingly these writ petitions are disposed of with a
direction to the concerned Revenue Divisional Officers to accept
consider and pass orders on the originals of Ext.P1 application in
W.P.(C).Nos. 16399 and 16495 of 2008 and Ext.P3 application in
W.P.(C).No. 16493 of 2008, as expeditiously as possible at any
rate within one month from the date of receipt of a copy of this
judgment. The petitioners are directed to resubmit the
applications along with a certified copy of this judgment before
the Revenue Divisional Officer, Palakkad within two weeks for the
purpose.
S.SIRI JAGAN, JUDGE
bkn/-