IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20172 of 2008(B) -------------------------- PETITIONER: ------------ ISSAC.K.K., S/O.KURIAKOSE, AGED 51 YEARS KOLYELIL HOUSE, VENGOLA KARA, ARAKKAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, (REVENUE DEPARTMENT), GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. THE TAHSILDAR, KUNNATHUNADU TALUK OFFICE, PERUMBAVOOR. 5. THE VILLAGE OFFICER, VENGOOR WEST VILLAGE, VENGOOR, NEAR KURUPPUMPADY. BY GP. SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20172 OF 2008 ==================== Dated this the 4th day of July, 2008. J U D G M E N T The petitioner is the owner of certain properties which were purchased as per Exts.P1 and P2 documents. According to the petitioner, although in the title deeds the property is described as paddy lands, the same was not cultivated with paddy for more than 50 years and in fact it is dry land planted with coconut trees and other seasonal crops. The petitioner wants to continue such cultivation and filed Ext.P3 application under the Kerala Land Utlisation Order for conversion of the land as dry land. The petitioner's grievance is that the same has not been considered. 2. The learned Government Pleader submits that in view of the circular issued by the Government directing all Revenue Divisional Officers not to accept and consider application for conversion of land in view of the introduction of a bill for amending the Kerala Land Utlisation Order in the Assembly, the 3rd respondent cannot consider the application of the petitioner. W.P.(C).No. 20172 OF 2008 2 3. This Court has in several writ petitions held that on the basis of pendency of a bill for amendment of the Kerala Land Utlisation Order, applications presently filed under the Kerala Land Utlisation Order cannot be refused to be accepted and considered. In the above circumstances, I dispose of this writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P3 application submitted by the petitioner as per the Kerala Land Utlisation Order as it stands presently, without reference to the Government Circular or the pendency of the bill for amendment of the Kerala Land Utlisation Order. The same shall be done within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. S.SIRI JAGAN, JUDGE bkn/-