IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 18091 of 2009(F) -------------------------- PETITIONER: ------------------ JOSEPH MATHEW, MANAGING PARTNER, U.S. PROPERTIES, DOOR No. 33/1783 D, KOCHI-682028. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.C.PRABITHA SMT.NISHA G.THARAMAL RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009 ALONG WITH WPC. No.18092 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) Nos.18091,18092,18093 & 18094 and 18095 of 2009 -------------------------- Dated this the 30th June,2009 J U D G M E N T Petitioners in these cases are in possession of lands which are described as Nilam in the revenue records. They have approached the competent authority under the Kerala Land Utilisation Order for permission to fill up the lands and convert it to enable them to put up constructions therein. Their applications were not considered and hence the writ petition. 2. The competent authority under the Land Utilization Order is empowered to consider the applications. It is also necessary for the said authority to bear in mind the provisions of the Kerala Conservation of Paddy Lands and Wet Lands Act 28 of 2008 as has been indicated by this Court in Jayakrishnan Vs. District Collector [[2009 (1) KLT 123]. The authority empowered to enforce the provisions of the Land Utilization Order should not deal with the applications filed under the order W.P ( C) Nos.18091,18092,18093 &18094 and 18095 of 2009 2 in a casual manner. He shall consider the impact which permission that has been sought for, if granted, will have in the neighbouring lands as well. He shall also consider whether it is advisable that permission be granted to the owners of cluster of lands and whether if and when such permission is granted, it may have any adverse environmental impact. 3. It is necessary that the 2nd respondent considers the application. 4. Accordingly, the 2nd respondent in each of these writ petitions shall deal with the applications filed by the petitioners under the Kerala Land Utilisation Order and take a decision after proper enquiry within three months from the date of receipt of a copy of this judgment. Writ petitions are disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) Nos.18091,18092,18093 &18094 and 18095 of 2009 3 W.P ( C) Nos.18091,18092,18093 &18094 and 18095 of 2009 4