IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 6613 of 2009(V) ------------------------------- PETITIONER(S): ------------------ SOSAMMA,W/O. CHACKO, AZHAKATHU MANNIL HOUSE, PURAMATTOM P.O., THIRUVALLA-VIA PATHANAMTHITTA DIST. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------- 1. THE REVENUE DIVISIONAL OFFICER, THIRUVALAL, PATHANAMTHITTA DIST. 2. THE TAHSILDAR, MALLAPPALLI TALUK, PATHANAMTHITTA DIST. 3. THE VILLAGE OFFICER, PURAMATTOM VILLAGE, THIRUVALLA, PATHANAMTHITTA DIST. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6613 OF 2009 (V) ==================== Dated this the 12th day of March, 2009 J U D G M E N T Petitioner submits that she wanted to level 10 cents of land in Sy.No. 133/12 of Block No.2 of Puramattom Village in order to make it suitable for constructing a residential house. It is stated that she made an application to the 3rd respondent seeking permission for conversion as contemplated in the Kerala Land Utilization Order, and the 3rd respondent after conducting necessary inspection recommended his application to the 2nd respondent. Despite the recommendations made by respondents 2 and 3, the application was rejected by Ext.P6. That was challenged and ultimately by Ext.P8 judgment of this Court in WP (C) No.1083/09, the matter was directed to be reconsidered. Accordingly Ext.P10 order was passed incorporating five conditions. That apart, the permission has been granted only in respect of 5 cents. It is aggrieved by the aforesaid conditions and confining the permit to 5 cents, the writ petition is filed. 2. I have heard the learned Government Pleader also in this matter. WPC 6613/09 :2 : 3. I am inclined to agree with the counsel for the petitioner that the conditions imposed in Ext.P10 will render it impossible for the petitioner to take advantage of the permission for conversion that is granted. There is absolutely nothing evident from Ext.P10 justifying the harsh conditions that are imposed, and therefore the condition Nos.1 to 5 incorporated in Ext.P10 will stand set aside. Similarly, I also see absolutely no justification for restraining the permission to 5 cents as against 10 cents sought for by the petitioner. Therefore, the writ petition will stand disposed of directing that the permission granted by Ext.P10 will be operative for 10 cents of land as sought for by the petitioner and the 5 conditions incorporated in Ext.P10 will stand deleted. Needless to say that the red earth that is removed consequent on Ext.P10 shall not be used for filling up any paddy field. ANTONY DOMINIC, JUDGE Rp