IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27473 of 2009(D) --------------------------------------- PETITIONER: ------------------- RAMACHANDRAN, S/O.ARUMUGHAN, AGED 45 YEARS, ALUMPETTY HOUSE, CHITHALI, KUSHALMANNAM. BY ADVS. MR.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT: ---------------------- THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27473 of 2009-D ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.Binoy Vasudevan, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appering for the respondents. 2. The petitioner is the owner in possession of 46.21 cents of land situated in Re-Survey No.590/9 of Kuzhalmannam Village in Alathur Taluk. With a view to construct a building in a portion of the said land, the petitioner moved Revenue Divisional Officer, Palakkad by submitting Ext.P3 application for permission to convert the land for residential purpose. The application was submitted on 19.5.2009. The grievance voiced by the petitioner in this writ petition is that till date orders have not been passed on his application. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to consider Ext.P3 application and pass orders thereon under the provisions of the Kerala Land Utilization Order, within a time limit to be fixed by this Court. 3. Even before Ext.P3 application was filed, the State Legislature had enacted the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The said Act came into force on 12.8.2008. In view of the W.P(C) No. 27473 of 2009-D 2 enactment and bringing into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the respondent will necessarily have to decide whether the lands belonging to the petitioner are wet lands or paddy lands and take an appropriate decision on Ext.P3. In similar circumstances, a learned single Judge of this Court has in Jayakrishnan v. District Collector (2009 (1) KLT 123) directed the Revenue Divisional Officer to consider the applications in accordance with the Kerala Conservation of Paddy Land and Wet Land Act, 2008 to decide whether the lands are paddy lands or wet lands. This Court also directed that if, after such enquiry, the Revenue Divisional Officer comes to the conclusion that the lands are paddy lands or wet lands, he shall consider the application in accordance with the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and that if on enquiry, the lands are found to be not paddy lands or wet lands, the application shall be considered under the provisions of the Kerala Land Utilisation Order. I accordingly dispose of this writ petition with a direction to the respondent to enquire and ascertain whether the land belonging to the petitioner, which is the subject matter of Ext.P3 application, is paddy land or wet land to which the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 apply. If, on such enquiry, the respondent finds that the land is wet or paddy land, he shall dispose of Ext.P3 W.P(C) No. 27473 of 2009-D 3 application in accordance with the provisions contained in the Kerala Conservation of Paddy Land and Wet Land Act, 2008. If, on the other hand, the respondent is of the opinion that the lands are not paddy lands or wet lands, he shall dispose of Ext.P3 application applying the provisions of the Kerala Land Utilisation Order,1967. The respondent shall, while passing orders as directed above, bear in mind the directions issued by this Court in Jayakrishnan v. District Collector (2009 (1) KLT 123). Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the decision of this Court in Jayakrishnan v. District Collector (2009 (1) KLT 123) before the respondent. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab