IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13943 of 2009(K) -------------------------- PETITIONER(S): --------------- JAMES JOSEPH, 56 YEARS, S/O.JOSEPH, WEST COST CHEMICALS, A.G.ROAD, CALICUT 673001 RESIDING AT PARAPARAGATH HOUSE, MAY DAY ROAD, CALICUT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, CALICUT. 2. THE DISTRICT COLLECTOR, CALICUT. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13943/2009 -------------------- Dated this the 22nd day of May, 2009 JUDGMENT Petitioner has approached this Court allegedly aggrieved by the delay on the part of the first respondent in taking action on his application under the Land Utilization Order for permission to use his land for setting up a Magazine (Explosive store). According to the petitioner, licence under the Explosives Act and Rules had been granted as per Ext.P1, that he owns and possesses 52.66 cents of land in Peruvayil Village in Kozhikode district. Though the scheduled document under which he purchased the property describes the same as Nilam, it is being used otherwise for the past many years, it is contended. Petitioner submits that he submitted an application before the RDO for an order under the Land Utilization Order. But such orders have not been passed. 2. I heard learned Government Pleader also. The W.P.(C).13943/2009 2 application under the Land Utilization Order may be dealt with in accordance with law. It has to be considered not only with reference to the status of the petitioner's land but also the status of the neighbours's lands. Authority should ensure that no ecological hazards or imbalance is otherwise brought about by indiscriminate permission for conversion under the Land Utilization Order. 3. In the result, writ petition is disposed of directing the first respondent to consider Ext.P16 and take a decision thereon, within two months from the date of receipt of a copy of this judgment. Copy of the writ petition shall be produced by the petitioner, along with the copy of the judgment. V.GIRI, Judge mrcs