IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 14516 of 2008(C) ------------------------------------- PETITIONER: ------------------ C.P.MUHAMMAD HANEEFA, S/O.MUHAMMAD, CHERAPULICKAL HOUSE, KALPAKANCHERRY AMSAM, TIRUR TALUK. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPLE SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY GOVT.PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.14516/2008 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- A TRUE COPY OF THE APPLICATION PREPARED BY THE PETITIONER TO BE SUBMITTED BEFORE THE 2ND RESPONDENT EXT.P2:- A TRUE COPY OF THE COMMUNICATION NO.72497/P1/2007/REVENUE DATED 17.11.2007 EXT.P3:- A TRUE COPY OF THE DECISION RENDERED IN W.P.(C)11527/08 DATED 04.04.2008 -TRUE COPY- P.A. TO JUDGE pac S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).Nos.14516, 14517, 16761 and 16786 of 2008 = = = = = = = = = = = = = Dated this the 5th day of June, 2008. J U D G M E N T In these writ petitions, the respective petitioners filed applications under the Kerala Land Utilisation Order seeking permission to convert wet land as dry land for the purpose of construction of house. Their grievance is that their applications are not being accepted by the Revenue Divisional Officer on the ground that by Ext.P2, the Government has directed not to accept or consider applications under the Kerala Land Utilisation Order, since a bill for amendment of the Kerala Land Utilisation Order has been introduced in the Assembly on 19.9.2007. The petitioners seek a direction to the concerned Revenue Divisional Officer to consider the application in accordance with law as it exists today. 2. The learned Government Pleader opposes the writ petition. He would submit that in view of Ext.P2 order of the Government, the Revenue Divisional Officer cannot consider applications now. This court has in several writ petitions held W.P.(C).Nos.14516, 14517, 16761 and 16786 of 2008 2 that simply on the ground that introduction of an amendment bill in the Assembly, the respondents cannot refuse to consider applications which have been filed in accordance with law as it exists. Therefore I am satisfied that the Revenue Divisional Officer concerned is bound to consider the applications submitted by the petitioner under the Kerala Land Utilisation Order. Accordingly these writ petitions are disposed of with a direction to the concerned Revenue Divisional Officers to accept consider and pass orders on the originals of Ext.P1 application as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. The petitioners are directed to resubmit the applications along with a certified copy of this judgment before the Revenue Divisional Officer, Palakkad within two weeks for the purpose. S.SIRI JAGAN, JUDGE bkn/-