IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20573 of 2008(Y) -------------------------- PETITIONER: ------------ MATHAI CHACKO,S/O.CHACKO, AGED 57 YEARS PADINJAREKALAYIL, VELLASSERY, KADUTHURUTHY. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPLE SECRETARY TO GOVERNMENT REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER PALA. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.20573 of 2008 ================== Dated this the 9th day of July, 2008 J U D G M E N T The petitioner's grievance in this writ petition is that his application for conversion of wet land into dry land, by Ext.P1 has been refused to be accepted and processed by the 2nd respondent on the ground that as per Ext.P2 circular issued by the Government the 2nd respondent is unable to do the same. By Ext.P2 the Government has informed all the District Collectors and Revenue Divisional Officers that in view of the introduction of the new Paddy Land Protection Bill in the Assembly, no application for filling up of paddy land shall be accepted or considered. 2. I have heard the learned Government Pleader also. 3. This Court has in several writ petitions taken the view that simply because of introduction of a Bill in the Assembly, application under the Kerala Land Utilization Order as it stands today, cannot be refused to be accepted or entertained. Therefore, I am satisfied that the petitioner has made out a case w.p.c.20573/08 2 for a direction to the 2nd respondent to accept the original of Ext.P1 application and process the same in accordance with the Kerala Land Utilization Order as it presently stands without reference to Ext.P2 or the pendency of the Bill before the Assembly. This, the 2nd respondent shall do within a period of one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge