IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18195 of 2008(N) ---------------------------------- PETITIONER: ---------------- ARAVIND KUMAR, AGED 35 YEARS, S/O. KRISHNANKUTTY MENON, KRISHNA LEELA, PALLI THERUVU, SHEKHARIPURAM, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.18195 OF 2008 ---------------------------------------- Dated this the 18th day of June, 2008 JUDGMENT The petitioner filed Ext.P1 application under the Kerala Land Utilisation Order before the 2nd respondent seeking permission to convert wet land as dry land for the purpose of construction of a house. His grievance is that his application is not being accepted by the Revenue Divisional Officer on the ground that the Government has directed not to accept or consider applications under the Kerala Land Utilisation Order, since a bill for amendment of the Kerala Land Utilisation Order has been introduced in the Assembly on 19.9.2007. The petitioner seeks a direction to the 2nd respondent - Revenue Divisional Officer to accept the original of Ext.P1 and to consider the application in accordance with law as it exists today. 2. The learned Government Pleader opposes the writ petition. He would submit that in view of the order of the Government, the Revenue Divisional Officer cannot consider the application now. W.P.(c)No.18195/08 2 3. This Court has in several writ petitions held that simply on the ground of introduction of an amendment bill in the Assembly, the respondents cannot refuse to consider applications which have been filed in accordance with law as it exists. Therefore, I am satisfied that the 2nd respondent Revenue Divisional Officer is bound to consider the application submitted by the petitioner under the Kerala Land Utilisation Order. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent - Revenue Divisional Officer to accept, consider and pass orders on the original of Ext.P1 application as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner is directed to resubmit the application along with a certified copy of this judgment before the Revenue Divisional Officer, Palakkad within a period of two weeks for the purpose. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18195/08 3