IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17837 of 2008(W) -------------------------- PETITIONER: PETITIONER ---------------------- ARAVIND KUMAR, AGED 35, KRISHNANKUTTY MENON, KRISHNA LEELA, PALLI THERUVU, SHEKHARIPURAM, PALAKKAD DT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMNENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.17837 of 2008 ================== Dated this the 16th day of June, 2008 J U D G M E N T The petitioner filed an application under the Kerala Land Utilization Order seeking permission to convert wet land as dry land for the purpose of construction of a house. His grievance in this writ petition 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 Utilization Order, since a bill for amendment of the Kerala Land Utilization Order has been introduced in the Assembly on 19.9.2007. The petitioner seeks a direction to the 2nd respondent-Revenue Divisional Officer 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 order of the Government, the Revenue Divisional Officer cannot consider the application now. 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 Revenue Divisional Officer concerned 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, 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge