IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6884 of 2008(T) ------------------------- PETITIONER: --------------- T.V. JOHN, S/O. VAKKACHAN, THYKOOTTATHIL HOUSE, KUMBALANGHI, KOCHI-682007, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ----------------- 1. REVENUE DIVISIONAL OFFICER, FORTKOCHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6884 OF 2008 T ==================== Dated this the 28th day of February, 2008 J U D G M E N T Petitioner submits that he has made Ext.P1 request. According to him, his application is declined to be considered for the reason that the 2nd respondent has issued a direction that as a bill is pending, a request similar to Ext.P1 shall not be considered. It is on that basis Ext.P1 has been returned by Ext.P2. It is challenging Ext.P2, this writ petition has been filed. 2. Several cases of this nature has come to this court and in all such cases acting upon a directive issued by the Government to the Authorities found to have in the Kerala Land Utilization Order have declined to consider the applications for the reason that a legislation is going to be introduced. This court has already held that the pendency of a bill or an appraisal for a legislation can be no reason to decline consideration of statutory applications made by the authority notified under the Kerala Land WPC 6884/08 :2 : Utilization Order. On parity of reasoning, this writ petition will stand disposed of quashing Ext.P2 and directing the 1st respondent to consider Ext.P1 on merits and pass appropriate orders thereon. ANTONY DOMINIC,JUDGE. Rp