IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28045 of 2008(L) -------------------------- PETITIONER(S): --------------- PROF.VALSALA NARAYANAN 65 YEARS W/O.K.M.NARAYANAN, GOURI NIVAS, MUKKOTTIL LANE, POONITHURA, ERNAKULAM. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY (REVENUE), GOVT.SECRETARIAT, THIRUVAMNANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION KAKKANADU, ERNAKULAM. 3. REVENUE DIVISIONAL OFFICER FORT KOCHI BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28045/2008 -------------------- Dated this the 30th day of September, 2008 JUDGMENT The property having an extent of 33.05 ares of land in Re Sy.Nos.178/5 and 178/8, belongs to the petitioner and her brothers obtained as per partition deed No. 1573/1120. According to the petitioner, though the properties are mentioned as Nilam in Village Records, but the same stood converted as dry land more than 70 years ago. Petitioner filed an application, Exhibit P1, for the purpose of conversion of the said land as a dry land, before the Revenue Divisional Officer under the Land Utilization Act. The same is pending consideration. An application either for variation of the use of agricultural land for non-agricultural purpose or for a change in the use of land is to be considered by the competent authority under the Land Utilization Act, keeping in mind the ecological factors as also the impact which it causes to the neighboring agricultural W.P.(C).28045/2008 2 lands, if any. The competent authority is to take into account all the relevant factors in dealing with such an application. In the result, the writ petition is disposed of directing the 3rd respondent to consider Exhibit-P1 and pass appropriate orders thereon, within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs