IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36913 of 2008(T) -------------------------- PETITIONER(S): --------------- 1. SHEENA BOSE, MADAICKAL HOUSE, VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. K.O.GEORGE, KAKKOTTOLICKAL (H), VADASSERY, IYOORPADAM P.O., THRIKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 3. M.I.GEORGE, MONAMKUNNATHU HOUSE, PRALAYAKKADU, THURUTHI P.O., VENGOOR WEST VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL (SR.) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA. 3. THE TAHSILDAR, TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR P.O. 4. THE PRINCIPAL AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, KAKKANADU, KOCHI-30. 5. THE PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERUMBAVOOR, ERNAKULAM DISTRICT. ADV.V.M.KURIAN FOR R5 G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36913 of 2008 ================== Dated this the 16th day of December, 2008 J U D G M E N T The petitioners own certain lands, which are included in the revenue records as “paddy lands”. According to the petitioners, the same have been converted as garden land more than 50 years ago. They are now aggrieved by Exts.P13 communication to the District Collector and P13(a) resolution of the 5th respondent, whereby the Panchayat recommended not to give permission for conversion of the land into garden land. The petitioners' contention is that the petitioners have already approached the District Collector under the Kerala Land Utilisation Order, in which Ext.P7 report has been forwarded by the RDO to the District Collector and the District Collector is bound to pass orders thereon uninfluenced by Exts.P13 and P13(a). The petitioners, therefore, seek the following reliefs in this writ petition: “i. to issue a writ of certiorari or other appropriate writ or order quashing Ext.P13 and P13(a) of the 5th respondent being totally arbitrary and illegal. ii. to issue a writ of certiorari or other appropriate writ or order quashing Ext.P10 by which the first petitioner was directed to produce consent letter of the 5th respondent for considering the Ext.P3 application for correction of entry of the nature of their property mistakenly entered in the B.T. Register, as it is w.p.c.36913/08 2 unnecessary and irrelevant in the nature of this case. iii. to issue a writ of mandamus or other appropriate writ or direction commanding the respondents 1 to 3 to correct the entry regarding the nature of the petitioners' property, mistakenly entered as “Nilam” in the B.T. Register, into 'garden land', in the light of the favourable reports of various authorities viz: P4 to P7, within a specified time. iv. in the alternative, to issue a writ of mandamus or other appropriate writ or direction, commanding the 5th respondent to give consent for the change of entry of the nature of the petitioners' property, mistakenly made as “nilam” in the B.T. Register, into 'garden land', as it is garden land, since several decades and further, also directing R1 to 3 to make such changes in the B.T.Register.” I am of opinion that in so far as the matter is pending before the District Collector/RDO under the Kerala Land Utilisation Order, it is for the District Collector/RDO to pass appropriate orders under the Kerala Land Utilization Order in accordance with law. In the above circumstances, this writ petition is disposed of with a direction to the competent among respondents 1 and 2 to take a final decision on Ext.P3, in which Ext.P7 report has been filed by the RDO, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.36913/08 3