IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29322 of 2008(N) -------------------------- PETITIONER(S): --------------- KHADERU KUTTY, AGED 59 YEARS S/O.UNNIPOKER, THADIYANPURATHU, THRIKKALANGODU, EARANGADU TALUK. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, MALAPPURAM 2. R.D.O., PERUNTHALMANNA, 4. VILLAGE OFFICER, EDAVANNA. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29322/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT Ext.P1 property having an extent of 42 cents in Sy.No.72/22/3 of Edavanna Village, belongs to the petitioner, he having the same obtained as per the registered sale deed bearing No.5556/2007 of SRO, Manjeri. According to the petitioner, though the said property is mentioned as Nilam in Village Records, it was reclaimed several years ago. Since paddy cultivation is not possible in the petitioner's property and its neighbouring properties, he submitted an application, Ext. P4, to the second respondent, Revenue Divisional Officer, requesting him to permit the petitioner to construct a building in the said property. The same is pending consideration. 2. An application either for variation of the use of agricultural land for non-agricultural purpose or for a change in the use of land is to be considered by the competent authority under the Land Utilization Act, W.P.(C).29322/2008 2 keeping in mind the ecological factors as also the impact which it causes to the neighboring agricultural lands, if any. The competent authority is to take into account all the relevant factors in dealing with such an application. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider Ext.P4 and pass appropriate orders thereon, within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs