IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 36901 of 2009(G) ----------------------------------- PETITIONER(S): ----------------------- BABU P.V., S/O.ITTEN VARKEY,AGED 42 YEAR PALAKKATTU MYALIL HOUSE ,PANIKKARAMBALAM, KEEZHILLAM PO, KUNNATHUNADU TALUK. BY ADV.MR.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION KAKKANADU, ERNAKULAM DISTRICT. 2. THE TAHSILDAR, KUNNATHUNADU TALUK PERUMBAVOOR. 3. THE VILLAGE OFFICER, RAYAMANGALAM VILLAGE, KEEZHILLAM PO, KUNNATHUNADU TALUK. BY SR. GOVT. PLEADER MR.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36901/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION WITH THE FORWARDING NOTE . P2:- COPY OF THE REPORT OF THE 3RD RESPONDENT DTD. 13.6.07. P3:- COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36901/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of February, 2010 J U D G M E N T The petitioner herein is in absolute possession of 6.33 ares of nilam comprised in Survey No.278/8-3 of Rayamangalam Village. It is the case of the petitioner that first plot of the nilam was reclaimed and houses were constructed. Since the petitioner is not having any other dry land, he has sought permission for reclaiming 5 cents of land out of the 6.33 ares by filing Ext.P1 application before the first respondent-District Collector. By Ext.P2, the third respondent-Village Officer has conducted a site inspection and a report has also been forwarded to the District Collector through the Tahsildar, Kunnathunadu. It is the case of the petitioner that so far no orders have been passed on the same. After waiting for a long period, the petitioner started to erect a temporary shed for which permission was sought. But, by Ext.P3 a stop memo was issued against which this writ petition has been filed. 2. The petitioner's application is filed under the Kerala Land Utilisation Order. In the meanwhile Kerala Conservation of Paddy Land and Wet Land Act, 2008 has come into effect. W.P.(C). No.36901/2009 -:2:- 3. The learned Government Pleader submitted that the application can be submitted in the light of the subsequent enactment. The learned counsel for the petitioner submitted that in that area no committee has been formed so far. Therefore, Revenue Officers will have to pass appropriate orders in the matter. It will be for the District Collector to pass appropriate orders in the matter after finding out whether any committee has been formed in tune with Section 6(1) of Kerala Conservation of Paddy Land and Wet Land Act, 2008. If a committee has already been formed, then Ext.P1 will be remitted to the competent authority otherwise, the first respondent will pass appropriate orders after considering Ext.P2 within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms