IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 20588 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------- MULLUNGAL ABDU RAHIMAN, S/O. VEERANKUTTY, AGED 46 YEARS, KURUPPATH, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE VILLAGE OFFICER, KONDOTTY VILLAGE, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.20588 of 2009 - P ---------------------------------------- Dated 30th October, 2009 Judgment Heard Sri.Babu S. Nair, the learned counsel appearing for the petitioner and Sri.P. Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a parcel of land, 9.5 cents in extent, situated in R.S.No.451/9 of Kondotty village, Ernad taluk, Malappuram district. The petitioner submits that though in the revenue records the property is described as 'Nilam', it is garden land and not paddy land. He further submits that it was never cultivated with paddy and that in the neighbourhood several commercial buildings have been put up recently. With a view to put up a residential building in 5 cents out of the said parcel of land, the petitioner submitted Ext.P1 application dated 12.1.2007 before the first respondent seeking exemption from the provisions of the Kerala Land Utilisation Order. The petitioner's grievance is that though pursuant to Ext.P1 application, the procedural formalities for W.P.(C) No.20588/2009 2 grant of exemption were completed, the first respondent has not passed orders in the matter. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to consider Ext.P1 application and pass orders thereon without delay. In the alternative, the petitioner seeks a direction to the first respondent to allow the request made by him in Ext.P1 application. 3. After Ext.P1 application was filed, the State Legislature enacted the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008. The said Act came into force on 12.8.2008. In view of the enactment and bringing into force of the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008, the first respondent will necessarily have to decide whether the lands belonging to the petitioner are wet lands or paddy lands and take an appropriate decision on Ext.P1. In similar circumstances, a learned single Judge of this Court has in Jayakrishnan v. District Collector (2009 (1) KLT 123) directed the Revenue Divisional Officer to consider the applications in accordance with the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 to decide whether the W.P.(C) No.20588/2009 3 lands are paddy lands or wet lands. This Court also directed that if, after such enquiry, the Revenue Divisional Officer comes to the conclusion that the lands are paddy lands or wet lands, he shall consider the application in accordance with the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 and that if on enquiry, the lands are found to be not paddy land or wet land, the application shall be considered under the provisions of the Kerala Land Utilisation Order. 4. I accordingly dispose of this writ petition with a direction to the first respondent to enquire and ascertain whether the land belonging to the petitioner, which is the subject matter of Ext.P1 application, is paddy land or wet land to which the provisions of the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 apply. If, on such enquiry, the first respondent finds that the land is wet or paddy land, he shall dispose of Ext.P1 application in accordance with the provisions contained in the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008. If, on the other hand, the first respondent is of the opinion that the lands are not paddy land or wet land, he shall dispose of Ext.P1 application applying the W.P.(C) No.20588/2009 4 provisions of the Kerala Land Utilisation Order,1967. The first respondent shall, while passing orders as directed above, bear in mind the directions issued by this Court in Jayakrishnan v. District Collector (2009 (1) KLT 123). Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the decision of this Court in Jayakrishnan v. District Collector (2009 (1) KLT 123) before the first respondent. P.N.RAVINDRAN Judge vaa