IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17259 of 2008(D)
1. T.K.BIJESH, S/O.SREEDHARAN,
... Petitioner
Vs
1. THE REVENUE DIVISION OFFICER,
... Respondent
2. THE VILLAGE OFFICER,
For Petitioner :SRI.V.V.SURENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/06/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.17259 OF 2008
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Dated this the 10th day of June, 2008
JUDGMENT
In this writ petition, the petitioner filed an application under
the Kerala Land Utilisation Order seeking permission to convert
wet land as dry land for the purpose of construction of a house.
His grievance is that his application is not being considered by
the Revenue Divisional Officer on the ground that 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 petitioner seeks 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 order of the
Government, the Revenue Divisional Officer cannot consider
application now.
W.P.(c)No.17259/08 2
3. This Court has in several writ petitions held that
simply on the ground of introduction of an amendment bill in
the Assembly, the respondents cannot refuse to consider
application which has been filed in accordance with law as it
exists. Therefore, I am satisfied that the Revenue Divisional
Officer concerned is bound to consider the application
submitted by the petitioner under the Kerala Land Utilisation
Order.
Accordingly, this writ petitions is disposed of with a
direction to the concerned Revenue Divisional Officer to
consider and pass orders on the original of Ext.P1 application,
as expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
The petitioner shall produce a certified copy of this judgment
before the Revenue Divisional Officer, Palakkad along with a
copy of the writ petition for compliance.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.17259/08 3