IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6778 of 2008(F) ------------------------- PETITIONER: ------------ NOTTAMVEETTIL MOHAMMED KUTTY 70 YEARS,S/O.KUNHANI,NANNAMBRA AMSOM DESOM THEYYALINGAL PO,THIRURANGADI MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDINGS THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER TIRUR. BY GOVT. PLEADER SHRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 6778 OF 2008 F = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T Ext. P2 is an appeal filed by the petitioner before the 2nd respondent aggrieved by Ext. P1 order passed under the provisions of the Kerala Land Utilisation Order. The appeal so filed has been returned by the 2nd respondent by Ext. P3, acting upon a circular issued by the 1st respondent that in view of the pendency of a bill in the legislature, request under the Land Utilisation Order or appeals shall not be considered. 2. In my view the refusal of the 2nd respondent to consider Ext. P2 appeal cannot be justified. So long as there is no legislation modifying the Land Utilisation Order the authorities notified under the said order are bound to consider applications or appeals filed in terms of the Land Utilisation Order. The pendency of a legislation can be of no excuse. 3. In view of this, quashing Ext. P3 I direct that irrespective of any circular or instruction that may have issued by the 1st W.P.(C) No. 6778 OF 2008 -2- respondent the 2nd respondent shall consider Ext. P2. 4. This shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. It is directed that the petitioner shall re-submit Ext. P2. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-