IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18288 of 2008(B) ---------------------------------- PETITIONER: ---------------- UZHUNNAN NOUSHAD, S/O.KUNHIMOHAMMED, AGED 39 YEARS, PUTHALAM, AREACODE P.O. MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 18288 OF 2008 ---------------------------------------- Dated this the 18th day of June, 2008 JUDGMENT The petitioner has filed Ext.P1 application before the 1st respondent for permission to convert 0.0202 hectares of wet land as dry land for the purpose of construction of a house. The same was forwarded to the Tahsildar for report, who has submitted Ext.P2 report before the 1st respondent. The petitioner submits that although Ext.P1 was filed on 5.2.2007, the 1st respondent is not taking steps on the same, apparently on the basis of a Government direction to the effect that since a bill for amendment of the Kerala Land Utilisation Order has been introduced in the Assembly, no applications under the Kerala Land Utilisation Order shall be accepted or processed. The petitioner submits that when an application is filed the 1st respondent has a duty to consider the same in accordance with law as it exists now and cannot postpone consideration of such application in anticipation of an amendment to the law. The petitioner, therefore, seeks a direction to the 1st respondent to W.P.(c)No.18288/08 2 consider and pass orders on Ext.P1 expeditiously. 2. I have heard the learned Government Pleader also. This Court had, in several judgments, one of which is Ext.P7, held that simply because an amendment bill has been introduced in the Assembly, the Revenue Divisional Officers or the Government cannot postpone consideration of applications filed under the Kerala Land Utilisation Order and they are bound to consider the applications in accordance with law as it exists on the date of application. In the above circumstances, I am satisfied that the petitioner is entitled to reliefs prayed for in this writ petition. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P1 in accordance with law as it obtains today, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18288/08 3