IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 16942 of 2008(P) -------------------------- PETITIONER: ---------------------- KOTTARATHIL MUHAMMED, S/O. ABOOBACKER, LAILA MANZIL, KANDAMKUNNU AMSOM, NEERVALI DESOM KANNUR DT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DT. 2. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, TRIVANDRUM. 3. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16942 of 2008 ================== Dated this the 20th day of June, 2008 J U D G M E N T The petitioner filed an application before the 1st respondent for conversion of wet land into dry land as per Ext.P3. The petitioner also obtained a judgment from this Court, viz., Ext.P4, directing the 1st respondent to consider the said application and pass appropriate orders. Pursuant thereto, Ext.P5 order has been passed by the 1st respondent holding that in view of the Government letter directing the 1st respondent not to process applications under the Kerala Land Utilization Order on the basis of the proposed amendment of the Kerala Land Utilization Order, the petitioner's application cannot be considered on merits. Ext.P5 order is challenged before me. 2. I have heard the learned Government Pleader also. 3. As on today there is no amendment effected to the Kerala Land Utilization Order. The only contention is that a bill has been introduced in the Assembly for amendment of the Kerala Land Utilization Order. On that ground the 1st respondent w.p.c.16942/08 2 cannot, even if it is as directed by the Government, postpone consideration of the application filed by the petitioner in accordance with law as it stands today. It was so held by this Court in several writ petitions also. In the above circumstances, Ext.P5 is quashed and the 1st respondent is directed to consider the claims of the petitioner in Ext.P3 on merits in accordance with the provisions of the Kerala Land Utilization Order as it stands today without reference to any Government letter or proposed amendment to the Kerala Land Utilization Order. This shall be done within a period of one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.16942/08 3