IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 22628 of 2008(R) -------------------------- PETITIONER: PETITIONERS ----------------------- 1. K.C.MAMMADKUTTY, AGED 46 YEARS, S/O. ABDUL HAJI, KARATTCHALI, OZHKUR DESOM, EARANAD TALUK. 2. AISHA AGED 42 YEARS, D/O. MAMMUTTY KURICKAL, MAANJERI VEEDU, VALLUVAMBRAM AMSOM, EARANAD TALUK. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERLA, REP.BY REVENUE SECRETARY SECRETARIAT, TRIVANDRUM. 2. REVENUE DIVISIONAL OFFICER, PERUNTHALMANNA. 3. THASILDAR, EARANAD TALUK. 4. VILLAGE OFFICER, MANJERI BY SMT.SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P.(C) No.22628 of 2008 ------------------------------- Dated this the 18th September, 2008. J U D G M E N T Petitioners are the owners of 79.44 cents of property in Survey No.1/1 of Manjeri Village, having purchased the same under Ext.P1 sale deed. According to them, the property is now unfit for paddy cultivation. They have, therefore, decided to reclaim it in such a manner that it will be fit for cultivation of medicinal herbs. Since the land is otherwise noted as paddy land in the revenue records, petitioners have sought for a permission under the Land Utilisation Order for conversion of land to use it for other purposes. 2. The learned Government Pleader, on instructions, submits that second respondent, Revenue Divisional Officer, Perinthalmanna, is not the appropriate authority, and he has not received any application also. W.P.(C) No.22628 of 2008 2 3. When an application for permission under the Land Utilisation Order is filed, the competent authority is bound to conduct an effective enquiry into the details given by the applicant. The provisions of the Land Utilisation 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. That is also a matter for assessment. Possible detrimental effect of conversion of one property forming part of larger cluster lands and the attendant ecological factors are to be taken note of by the competent authority. There cannot be a casual approach to an application under the Land Utilisation Order, either for conversion to non agricultural purposes or for permission to use it for purposes other than paddy cultivation. In the result, the writ petition is disposed of as follows. If the petitioners file an application under the provisions W.P.(C) No.22628 of 2008 3 of the Land Utilisation Order, within a period of three weeks from today, before the District Collector, Malappuram, the District Collector shall forward the same to the competent authority under the Land Utilisation Order, within a period of one month from the date of receipt of that application. Thereafter, the competent authority shall conduct a local inspection of the property and then take a decision as to whether it is appropriate to grant permission as sought for by the petitioners, keeping in mind the observations made above, within a period of three months from the date on which the application is received by the competent authority. If by the time the application is received, the Land Utilisation Order is superseded or modified by any other legislation, then the application shall be dealt with under the Law then prevailing. V. GIRI, JUDGE nj.