IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4432 of 2011(D) ------------------------- PETITIONER(S): ---------------------- RAJEESH BABU, S/O. C.R.BHAVADAS, CHATHAMKULAM HOUSE, KONGAD.P.O., PALAKKAD DISTRICT BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD-678001. 2. VILLAGE OFFICER, VILLAGE OFFICE, PALAKKAD II-678701. GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C)No.4432 OF 2011 -------------------------------------------------- Dated this the 11th day of February, 2011 J U D G M E N T Petitioner is aggrieved of the delay on the part of the 1st respondent in considering Ext.P2 application preferred by him before the 1st respondent for clearance to construct a residential building in the property covered by Ext.P1 title deed. According to the petitioner, the said property is actually a dry land, though the same has been described as 'nilam' in the revenue records. It is in the said circumstances, that necessary application has been preferred by the petitioner as contemplated in the relevant provisions of law, which is sought to be acted upon through the intervention of this Court. 2. Heard the learned Government Pleader as well, who submits that the 1st respondent before whom Ext.P2 application is pending has to consider first, whether the land is a 'paddy land' or 'wet land' and only after ascertaining the actual nature of the land, that further proceedings could be pursued as provided under the relevant provisions of the Kerala Land W.P.(C)No.4432 OF 2011 2 Utilization order. 3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider Ext.P2 application in accordance with law and in the light of the dictum in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617] and pass appropriate orders as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. P.R.RAMACHANDRA MENON JUDGE dmb