IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 26831 of 2009(Y) ------------------------------------------ PETITIONER(S): ------------------------- M/S.SUNFLOWER WAREHOUSING PVT.LTD, OFFICE AT DOOR NO.CC.41/2553, 2A-METRO PALACE, ERNAKULAM NORTH PO, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR SRI.K.B.MOHAMMED KUTTY. BY ADVS. SRI.S.M.PREM, SMT. K.P.SANTHI, SRI.P.K.NIJOY, SMT.NISHA G.THARAMAL. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM/. 2. THE DISTRICT COLLECTOR, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26831/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE SENIOR TOWN PLANNER, ERNAKULAM. P2: COPY OF THE PETITIONER'S APPLICATION DTD. 11/06/2009 MADE TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 26831 OF 2009 ------------------------------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT Prayer sought in this writ petition for direction to the 2nd respondent to consider and pass orders on Ext.P1, an application made by the petitioner for conversion of the land mentioned therein. While, the petitioner asserts that the applications made under the Kerala Land Utilization order is maintainable, the learned Government Pleader contends that the application is not maintainable in view of the provisions contained in Act 28 of 2008 and that the petitioner will have to peruse under the said Act. 2. In my view even if anybody has a dispute regarding the maintainability of the application, the District Collector to consider the application and pass orders on Ext.P2 duly adverting to such objections also. W.P.(C).No. 26831 OF 2009 2 3. Therefore, without expressing anything on merits, claim raised, this writ petition is disposed of directing that the 2nd respondent will consider and pass orders on Ext.P2 in accordance with law as expeditiously as possible at any rate within eight weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC JUDGE dmb