IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18743 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------ REJI SEBASTIAN, AGED 39 YEARS, S/O.E.J.SEBASTIAN, ELANJIMATTATHIL PUTHUPALLIPURAM KARA, ERNAKULAM. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU. RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 2. THE TAHSILDAR, ALUVA. 3. THE PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE PRINCIPAL, AGRICULTURAL OFFICE, ERNAKULAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).18743/2009 -------------------- Dated this the 7th day of July, 2009 JUDGMENT Petitioner claims to be the owner of an extent of 3.33 Acres of land, which according to the petitioner, was a garden land purchased as per different sale deeds in the year 2004. Petitioner claims that though the land is described as 'Nilam', paddy cultivation was stopped and it was developed into dry land by depositing earth. The details as to when permission was obtained from the competent authority under the Land Utilisation order are not forthcoming in the writ petition. Ext.P1 is the request made by the petitioner to the District Collector, allegedly for changing the description of the property in the revenue records. It is now pending with the 1st respondent, RDO. 2. As rightly pointed out by the learned Government Pleader, there is no provision in the Land Utilization Order for changing of the character of the land otherwise noted in the revenue records. Permission may be W.P.(C).18743/09 2 granted for conversion and that too subject to conditions. 3. An application under the Land Utilisation Order cannot be dealt with casually. It is to be considered with seriousness. This Court had already considered a similar matter in Jayakrishnan v. District Collector & Others (2008 (4) KHC 514). 4. In the circumstances, 1st respondent shall take a decision on Ext.P1, treating it as an application for conversion of land under the Land Utilization Order, after appropriate enquiry. If the purpose is for construction of a building, then requisite extent necessary for putting up a building shall also be ascertained. Orders on the application shall be passed within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs