IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4339 of 2008(N) ------------------------- PETITIONER: ------------ 1. P.VIJAYAN , S/O. PADMANABHAN KOCHUVEEDU, MELKULANGARA, VAYAKKAL PO KOTTARAKKARA TALUK, QUILON DISTRICT. 2. MANIAMMA,W/O.P.VIJAYAN WALAKAM VILLAGE KOTTARAKKARA TAKUK QUILON DISTRICT. BY ADV. SRI.MILLU DANDAPANI SMT.ANJALI VISWANATH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, QUILON. 2. THE REVENUE DIVISIONAL OFFICER, QUILON. 3. THE TAHASILDAR KOTTARAKKARA,QUILON. 4. THE VILLAGE OFFICER,VILLAGE OFFICE, VALAKOM. BY GOVT. PLEADER, SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4339 OF 2008 N = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T Petitioner submits that by Ext. P1, a plot of 10 cents of land was purchased by him. Thereafter Ext. P2 application was made to the 3rd respondent seeking his permission under the Kerala Land Utilisation Order for filling up the same. It is stated that while orders were not passed, Ext. P3 prohibitory order was issued and it is challenging Ext. P3 this writ petition is filed. 2. It is pointed out by the learned Govt. Pleader that without obtaining sanction under the Kerala Land Utilisation Order, when land was attempted to be filled up, respondents have issued Ext. P3 prohibitory order. 3. Evidently, the land purchased by the petitioner needed permission for conversion and it is therefore that the petitioner had made Ext. P2 application. Once Ext. P2 application is made, petitioner should not have done anything without obtaining permission. He having attempted to convert the land without W.P.(C) No. 4339 OF 2008 -2- permission, the respondents cannot be faulted for issuing Ext. P3 prohibitory order. 4. Be that as it may, since Ext. P2 application filed by the petitioner is pending, the 3rd respondent is obliged to consider the same on merits. Therefore, I dispose of this writ petition directing that the 3rd respondent shall take up for consideration Ext. P2 and pass orders thereon with notice to the petitioner as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. In the meanwhile Ext. P3 order will continue to be in force and its further continuance will depend upon the decision on Ext. P2 application made by the petitioner. ANTONY DOMINIC JUDGE jan/-