IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22010 of 2008(T)
1. SHERIN, AGED 27 YEARS,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. TAHSILDAR,
3. VILLAGE OFFICER, KUMARANELLUR VILLAGE,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/07/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.22010 OF 2008
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Dated this the 22nd day of July, 2008
JUDGMENT
The petitioner owns certain properties obtained by him as
per sale deed No.4101/07. His surrounding properties are
garden land. The petitioner wants to construct a residential
house in that property for which he has to obtain sanction to fill
up the land. He obtained No Objection Certificate from the
neighbouring land owners and submitted Ext.P3 application as
per the provisions of the Kerala Land Utilisatin Order before the
1st respondent. The petitioner’s grievance in this writ petition is
that the same is not being considered by the 1st respondent.
2. The learned Government Pleader submits that in view
of the direction from the Government not to accept or process
such applications on account of the pendency of the Paddy Land
Protection Bill pending before the Assembly, the petitioner’s
application cannot now be considered.
3. This Court in several writ petitions held that the
pendency of a bill in the Assembly is no ground for refusing to
W.P.(c)No.22010/08 2
accept or consider applications filed under the Kerala land
Utilisation Order as it stands presently. That being so, the 1st
respondent is bound to pass orders on Ext.P3 in accordance
with the Kerala Land Utilisation Order as it stands presently.
Accordingly, the 1st respondent is directed to consider and pass
orders on Ext.P3 in accordance with the Kerala Land Utilisation
Order as it presently stands without reference to the
Government direction or the pendency of the bill in the
Assembly, 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 forward a certified copy of this
judgment along with a copy of the writ petition to the 1st
respondent for compliance.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.22010/08 3