IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 29147 of 2009(K) -------------------------------------- PETITIONER(S): --------------------- BHASKARAN, AGED 63, S/O.VELU EZHUTHACHAN KARALAM VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN MR.GINESH.P. MR.K.RAVI (PARIYARATH) RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, THIRUVANANTHAPURAM 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR,. 3. THE VILLAGE OFFICER, KARALAM VILLAGE OFFICE, IRINJALAKUDA, THRISSUR DIST. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29147 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of October, 2009. JUDGMENT The petitioner applied for permission of the Revenue Divisional Officer in terms of the provisions of the KLU Order, to dig a pond. That was granted in 2006. He says that he was unable to complete the work. Later, he applied again for extension of the permission. It appears that the Additional Tahsildar and the Agricultural Officer have come to the view that there is acute shortage of water and the petitioner deserves to be granted the permission. But, the fact of the matter remains that with effect from 12.8.2008, the Kerala Conservation of Paddy Land and Wet Land Act, 2008 is in place. That legislation has also to be looked into by the competent authority while considering the request of the petitioner for extension. It is, therefore, ordered that the WPC29147/09 -: 2 :- request of the petitioner for relief by way of permission to dig a pond be taken up by the RDO at the first instance and decide upon, having regard to all relevant matters in terms of what is aforesaid and if he finds any lack of jurisdiction, the matter will be sent over to the competent committee in terms of the Conservation Act or any other law that may apply so that relief sought for by the petitioner is not further delayed. Let the needful be done by the RDO at the earliest, at any rate, within three weeks from the date of receipt of copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/141109