IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11422 of 2008(I) -------------------------- PETITIONER: ------------ MUVATTUPUZHA EDUCATIONAL CO-OPERATIVE SOCIETY LTD.NO.E.873, REGISTERED OFFICE XVIII/423, PRIYADARSINI ROAD, MUVATTUPUZHA REPRESENTED BY ITS SECRETARY, BINDUMOL P.M. W/O.PARTHASARATHY, AGED 36. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE DEPT) GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. TAHASILDAR, MUVATTUPUZHA TALUK. 5. PRINCIPAL, AGRICULTURAL OFFICER, CIVIL STATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.C.No.11422 of 2008 ------------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT Ext.P3 is an application made by the petitioner under the Kerala Land Utilisation Order to the second respondent. Petitioner submits that the application is declined to be considered in view of Ext.P6 circular issued by the first respondent directing that application made under Kerala Land Utilisation order shall not be considered in view of the proposal for modifying the Land Utilisation Act. 2. In my view, there is no justification in declining to consider the applications made under the Land Utilisation order. So long as the said order remains as such, the authorities are bound to consider the applications made. Since Ext.P3 is one such application, I direct that the third respondent before whom the matter is now pending shall consider the application on merits and pass appropriate orders there on. Petitioner shall produce a copy of this judgment before the third respondent. 3. This shall be done, as expeditiously as possible, and at any rate, within six weeks from the date of production of a copy WPC 11422/08 2 of this judgment. It is clarified that it will be open to the 5th respondent, also to give his report as sought for on Ext.P3 to the third respondent. The writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE csl