IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11357 of 2008() ------------------------- PETITIONERS: ------------ 1. RENUKA K., W/O. HARI, RADHA NIVAS, KISHAKKETHARA, ETHANUR, PALAKKAD. 2. SAVITHRI, D/O. PARUKUTTY AMMA, CHERUVATTATHU VEEDU, ETHANUR, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (P) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008 ALONG WITH WP(C)11446/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P(C)Nos.11357, 11433 & 11446 of 2008 ------------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT The allegation in these writ petitions is that the second respondent is declining to consider the applications made under the Kerala Land Utilisation Order. In WPC No.11433 of 2008, the complaint is that the second respondent is refusing to accept Ext.P1 application. In WPC Nos.11357 of 2008 and 11446 of 2008, Exts.P1 and P2, and Exts.P1 to P4 are the respective applications. 2. These are applications made by the respective petitioners under the Kerala Land Utilisation Order seeking permission of the second respondent, the notified authority, for conversion of the land involved there. The reason for refusal to consider and accept the applications referred above is that the first respondent has issued communication dated 17.11.2007 directing that the applications shall not be considered in view of the pendency of a proposal for legislation to modify the Kerala Land Utilisation Act. WPC 11357/08 & conn. 2 3. So long as the Kerala Land Utilisation Order is there in the statute book, the authority notified is bound to consider the applications made under the Kerala Land Utilisation Order. In view of the above, I cannot uphold the stand of the second respondent in declining to consider the applications or refusing to accept the same. 4. Therefore, these writ petitions are disposed of directing that the applications submitted by the petitioner in WPC No.11433/08 shall be considered on merits and it will be open to the petitioners in WPC No.11357/08 and 11446/08 to submit their applications which will also be considered on merits. The writ petitions are disposed of accordingly. ANTONY DOMINIC, JUDGE csl