IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 27601 of 2008(J) -------------------------- PETITIONER(S): --------------- N.E. NAJEEB, AGED 40, S/O. A.K. IBRAHIM, ADICHIRA HOUSE, THELLAKAM KARA, PEROOR VILLAGE, KOTTAYAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM. 2. THE ADDITIONAL TAHSILDAR, KOTTAYAM. 3. THE PRINCIAPL SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27601/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT Petitioner claims to be the owner of 4 Ares 5 Sq.meters of low lying land comprised in Sy.No.366/1/1 of Peroor Village in Kottayam District and according to him, the property has been lying without any agricultural operation for the last 30 years. Ext.P1 application was filed before the first respondent, Revenue Divisional Officer, under the Land Utilization Act. He has not taken a decision on the application presumably on the basis of a circular issued by the Government which had referred to a proposal for a bill imposing restrictions on conversion of land. It is in these circumstances, the petitioner has approached this court seeking a direction to the RDO to pass an order on Ext.P1 application ignoring the circular dated 17.11.2007. 2. It is pointed out by the learned Government Pleader that report from the Agricultural Officer has W.P.(C).27601/2008 2 been called for by the Tahsildar. 3. It is necessary to take note of the fact that the bill which is referred to in the circular has now become an Act, Kerala Conservation of Paddy Lands and Wet Lands Act, Act 28 of 2008. Detailed provisions are contained in the said Act which contemplates prohibition on conversion of paddy land for any other purpose except in the manner provided in the Act. There is similar prohibition in the case of reclamation of wet lands also. Paddy lands and wet lands are also defined in the Act. Essentially the Act contemplates recommendation by the local area committee which is to be constituted in terms of the provisions of the Act. In other words, competent authority will also have taken into account the recommendation of the local area committee and other materials which are considered relevant. 4. After hearing counsel on both sides, I am of the view that the first respondent is to pass orders on the W.P.(C).27601/2008 3 application, in accordance with the provisions of Act 28 of 2008. This will require an enquiry whether lands are paddy lands or wet lands. If the lands are paddy land or wet land, first respondent shall consider the application in accordance with Act 28 of 2008. If the lands are not paddy lands or wet lands, the application shall be considered under the provisions of the Land Utilization Order. If the competent authority finds that the application is to be considered under the Kerala Land Utilization Order, then the competent authority is bound to conduct an effective enquiry into the details given by the applicant. The provisions of the Land Utilization Order, which is a subordinate legislation, under the Essential Commodities Act, is meant to be implemented with seriousness. It should not be dealt with casually. It is not only the status of the land in relation to which permission has been sought for, but also the status of the neighbouring properties that is relevant. Possible detrimental effect of conversion of one property forming part of a larger cluster of lands and the attendant W.P.(C).27601/2008 4 ecological factors are to be taken note of by the competent authority. There cannot be a casual approach to an application under the Land Utilization Order, either for conversion to non agricultural purposes or for permission to use it for purposes other than paddy cultivation. Orders shall be passed within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. V.GIRI, Judge mrcs