IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20573 of 2008(Y)
1. MATHAI CHACKO,S/O.CHACKO, AGED 57 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE REVENUE DIVISIONAL OFFICER
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/07/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.20573 of 2008
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Dated this the 9th day of July, 2008
J U D G M E N T
The petitioner’s grievance in this writ petition is that his
application for conversion of wet land into dry land, by Ext.P1 has
been refused to be accepted and processed by the 2nd respondent
on the ground that as per Ext.P2 circular issued by the
Government the 2nd respondent is unable to do the same. By
Ext.P2 the Government has informed all the District Collectors
and Revenue Divisional Officers that in view of the introduction of
the new Paddy Land Protection Bill in the Assembly, no
application for filling up of paddy land shall be accepted or
considered.
2. I have heard the learned Government Pleader also.
3. This Court has in several writ petitions taken the view
that simply because of introduction of a Bill in the Assembly,
application under the Kerala Land Utilization Order as it stands
today, cannot be refused to be accepted or entertained.
Therefore, I am satisfied that the petitioner has made out a case
w.p.c.20573/08 2
for a direction to the 2nd respondent to accept the original of
Ext.P1 application and process the same in accordance with the
Kerala Land Utilization Order as it presently stands without
reference to Ext.P2 or the pendency of the Bill before the
Assembly. This, the 2nd respondent shall do within a period of one
month from the date of receipt of a certified copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge