IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 17895 of 2008(E) -------------------------- PETITIONER: ---------------- T.V./VIJAYAKUMARAN, S/O.VELAYUDHASN BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPART(P) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE REVENUE DIVISIONAL OFFICER, KANNADI.-1, PALAKKAD. (CORRECTED R2 AS THE REVENUE DIVISIONAL OFFICER, PALAKKAD INSTEAD OF REVENUE DIVISIONAL OFFICER, KANNADI AS PER ORDER IN I.A.NO.7607 OF 2008 IN W.P.(C)NO.17895 OF 2008 ORDER DT. 17.6.2008) BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17895 OF 200 ---------------------------------------- Dated this the 17th day of June, 2008 JUDGMENT In this writ petition, the petitioner filed an application under the Kerala Land Utilisation Order seeking permission to convert wet land as dry land for the purpose of construction of a house. His grievance is that his application is not being considered by the Revenue Divisional Officer on the ground that the Government has directed not to accept or consider applications under the Kerala Land Utilisation Order, since a bill for amendment of the Kerala Land Utilisation Order has been introduced in the Assembly on 19.9.2007. The petitioner seeks a direction to the 2nd respondent-Revenue Divisional Officer to consider the application in accordance with law as it exists today. 2. The learned Government Pleader opposes the writ petition. He would submit that in view of order of the Government, the Revenue Divisional Officer cannot consider application now. W.P.(c)No.17895/08 2 3. This Court has in several writ petitions held that simply on the ground of introduction of an amendment bill in the Assembly, the respondents cannot refuse to consider application which has been filed in accordance with law as it exists. Therefore, I am satisfied that the 2nd respondent - Revenue Divisional Officer is bound to consider the application submitted by the petitioner under the Kerala Land Utilisation Order. Accordingly, this writ petitions is disposed of with a direction to the 2nd respondent - Revenue Divisional Officer to consider and pass orders on the original of Ext.P1 application, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a certified copy of this judgment before the Revenue Divisional Officer, Kannadi I, Palakkad along with a copy of the writ petition for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.17895/08 3