IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 36305 of 2007(S) -------------------------- PETITIONER: -------------------- THE MALAPPURAM DISTRICT POWRA SAMITHY/ PARISTHITHI SAMRAKSHANA SMITHI, VADAKKEMANNA, P.O.KODOOR, MALAPPURAM DISTRICT-676 504, REPRESENTED BY ITS SECRETARY M.K.HAMSA HAJI. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNGATH SMT.SMITHA GEORGE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 4. THE REVENUE DIVISIONAL OFFICER, TIRUR. 5. THE PERINTHALMANNA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVT. PLEADER SMT. K. MEERA. R5 BY SC ADV. SRI. P.K. VIJAYA MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36305 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008. JUDGMENT H.L.DATTU, CJ, Public interest litigation is filed against conversion of paddy lands without obtaining appropriate permission under the provisions of the Kerala Land Utilisation Order. In the petition, it is alleged that large tracts of paddy land situate in Perinthalmanna Municipality is currently being attempted to be filled up for the purpose of constructing a bus stand. 2. When the matter was posted before the court for admission, we have directed the learned Government Pleader to secure appropriate instructions from the respondents. 3. On instructions, Smt. K. Meera, learned Government Pleader, would submit that being aggrieved by certain orders passed by the District Collector, some parties have taken up the matter before the State Government in a revision petition and the State Government while entertaining the revision petition has granted an interim order of stay, staying all further proceedings of construction of a bus stand in the lands in question. 4. Since the matter is pending before the State Government, in our opinion, at this stage we need not have to go into the merits or demerits of the petitioner's case in this writ petition. In our opinion, if we permit the petitioner to make an appropriate application before the State Government in the revision that is pending before them in respect of the lands in question and if the State Government is directed to hear the petitioner also before passing any orders in the revision petition, it would suffice the interests of all the parties. Therefore, without WPC.36305/2007. 2 going into the other details of the matter, the writ petition is disposed of as under: Order (i) The writ petition is disposed of. (ii) Permission is granted to the petitioner to make an appropriate application before the State Government in the revision petition that is pending in respect of the lands in question within fifteen days from today. (iii) If and when an application is filed within the time fixed by this court, the State Government will implead the petitioner and afford an opportunity of hearing to him before passing orders in the revision petition. With these observations and directions, the writ petition is disposed of and the contentions of all the parties are left open. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.