IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20293 of 2008(N) -------------------------------------- PETITIONERS : -------------------- 1. B.MADHUSOODHANAN S/O. BALAKRISHNAN NAIR, AGED 37 TRIVENI, THIRUVATHIKKAL P.O., VELOOR KARA. 2. RAJASREE SUNIL, W/O.SUNIL RADHAKRISHNAN, SAILAM, KAIKULANGARA P.O KOLLAM. BY ADV. SRI.S.SREEKUMAR RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY (REVENUE DEPT.) GOVERNMENT SERCRETARIAT, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER FORT COCHIN. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20293 OF 2008 ==================== Dated this the 7th day of July, 2008. J U D G M E N T The petitioners' applications namely, Exts.P7 and P8 for permission to convert wet land into dry land has been rejected by Exts.P9 and P10 orders. As per those orders the petitioners have been informed that applications for filling paddy lands cannot be accepted or considered in view of the pendency of the bill for amendment of the Kerala Land Utlisation Order in the Assembly. According to the petitioners such stand is against law and unsustainable. The petitioners therefore seeks the following reliefs: i) Call for the records leading to Exts.P9 and P10 and quash the same by issue of a writ of certiorari or other writ order of direction. ii) Issue a writ of mandamus or other writ order or direction to the 2nd respondent to consider and pass orders on Exts.P7 and P8 applications in accordance with the provisions of Land Utilisation order 1967. 2. Learned Government Pleader opposes the same. According to him, in view of the proposal to amend the Kerala Land Utlisation Order, in the interest of the State, applications for conversion cannot now be considered. W.P.(C).No. 20293 OF 2008 2 3. This Court has in several such writ petitions held that on the ground of a bill for amendment of the Kerala Land Utlisation Order in the Assembly, applications now filed cannot be refused to be accepted or considered and the same have to be accepted and considered as per the law as it stands now. In the above circumstances, the writ petition is allowed, Exts.P9 and P10 are quashed and the 2nd respondent is directed to accept, consider and pass orders on Exts.P7 and P8 applications without reference to the pendency of the amendment bill, as expeditiously as possible, at any rate within 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/-