IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 33626 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. V.P.SHYAD, KAYYA MANZIL, 31/1639-A, THAMMANAM P.O., ERNAKULAM. 2. FASEELA SHYAD, W/O.V.P.SHYAD, KAYYA MANZIL, 31/1639-A, THAMMANAM P.O., ERNAKULAM. BY ADV. SRI.T.M.ABDUL LATIFF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. TAHSILDAR, PARAVUR. 4. VILLAGE OFFICER, KARUMALLOOR VILLAGE. 5. PRINCIPAL AGRICULTURAL OFFICER, CIVIL STATION, KAKKANADU, ERNAKULAM. SMT.M.R.SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33626/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LICENSE NO.A2.D60.71/08-09 DATED 23/05/2008 ISSUED BY THE KARUMALLUR PANCHAYAT. P2 : COPY OF the RECEIPT NO.22 DATED 02/01/2008. P3 : COPY OF the REGISTRATION CERTIFICATE NO.24/08-013 DATED 10/10/2008 ISSUED BY THE FOREST DEPARTMENT. P4 : COPY OF THE FORM NO.A5/14218/07 DATED 08/01/2008. FORM NO.A5/14218/07 DATED 08/01/2008. P5 : COPY OF the CERTIFICATE NO.42672 DATED 30/06/2007. P6 : COPY OF the OWNERSHIP CERTIFICATE NO.A2-1239/07-08 DATED 15/12/2007 ISSUED BY THE KARUMALLUR PANCHAYAT. P7 : COPY OF THE PETITION DATED 05/11/2007 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. P8 : COPY OF THE PROHIBITORY ORDER NO.3269/07 E5-13757/07 DATED 26/10/2007 PASSED BY THE 4TH RESPONDENT. P9 : COPY OF THE APPLICATION NO.D1-2731/08 DATED NIL SUBMITTED BY THE PETITIONERS. P10 : COPY OF the REPORT NO.71/08 DATED 11/04/2008 OF THE 4TH RESPONDENT. P11 : COPY OF THE LETTER NO.D1-2731/08 DATED 17/04/2008 OF THE 3RD RESPONDENT. P12 : COPY OF THE REPORT NO.71/08 DATED 11/04/2008 OF THE 4TH RESPONDENT. P13 : COPY OF THE LETTER NO.L5-22699/08 DATED 30/04/2008 OF THE 2ND RESPONDENT. P14 : COPY OF THE PETITION DATED 30/05/2008 SUBMITTED BY THE PETITIOENRS BEFORE THE HONOURABLE MINISTER FOR INDUSTRIES. P15 : COPY OF THE BUILDING PERMIT NO.488/A2/BP-08-09 DATED 04/12/2008. P16 : COPY OF the BUILDING PERMIT NO.A-BP.276/07-08 DATED 29/01/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33626 of 2008 --------------------------------- Dated, this the 27th day of January, 2009 J U D G M E N T The prayer in this writ petition is to direct the respondents not to prohibit the petitioners from raising their property, having an extent of 4.63 acres in Sy.Nos.377/4, 377/3-2, 377/3-1 and 377/2 of Karuvaloor Village. 2. When the case came up for orders before this Court on 12/01/2009, the learned Government Pleader was directed to find out the status of the application made by the petitioners seeking permission for conversion of the land under the Kerala Land Utilisation Order. On instructions, the learned Government Pleader submits that the land is a paddy field as per the Revenue Records and that the petitioners attempted to reclaim the same without obtaining orders under the Kerala Land Utilisation Order, and it was therefore Ext.P8 prohibitory order was issued. It is stated that subsequent to Ext.P8, the petitioners made an application for conversion of the land and that on its receipt, the 2nd respondent has called for the report of the 5th respondent. It is stated that on receipt of the report, the application made by the petitioners for conversion WP(C) No.33626/2008 -2- of the land, will be considered and orders will be passed. 3. As at present, it is clear that there is no order enabling the petitioners to reclaim the land, as it is a paddy field as per the Revenue Records. It was therefore, that the petitioners have rightly made the application seeking permission of the 2nd respondent for its conversion. In view of the above, the writ petition is disposed of with the following directions:- 1. The 5th respondent shall expedite the report sought for by the 2nd respondent on the application made by the petitioners, under the Kerala Land Utilisation Order. 2. It is directed that on production of a copy of this judgment, the 5th respondent shall forward the report as expeditiously as possible, at any rate, within three weeks thereafter. 3. It is further directed that on receipt of the report from the 5th respondent, the 2nd respondent shall consider the application made by the petitioners as expeditiously as possible, at any rate, within four weeks thereafter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg