IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 22010 of 2008(T) -------------------------- PETITIONER: ------------ SHERIN, AGED 27 YEARS, S/O DEVASSY, CHENNANGARI HOUSE, KUMARANELLUR P.O., TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------------ 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. TAHSILDAR, TALAPPILLY TALUK, THRISSUR. 3. VILLAGE OFFICER, KUMARANELLUR VILLAGE, KUMARANELLUR, THRISSUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.22010 OF 2008 ---------------------------------------- Dated this the 22nd day of July, 2008 JUDGMENT The petitioner owns certain properties obtained by him as per sale deed No.4101/07. His surrounding properties are garden land. The petitioner wants to construct a residential house in that property for which he has to obtain sanction to fill up the land. He obtained No Objection Certificate from the neighbouring land owners and submitted Ext.P3 application as per the provisions of the Kerala Land Utilisatin Order before the 1st respondent. The petitioner's grievance in this writ petition is that the same is not being considered by the 1st respondent. 2. The learned Government Pleader submits that in view of the direction from the Government not to accept or process such applications on account of the pendency of the Paddy Land Protection Bill pending before the Assembly, the petitioner's application cannot now be considered. 3. This Court in several writ petitions held that the pendency of a bill in the Assembly is no ground for refusing to W.P.(c)No.22010/08 2 accept or consider applications filed under the Kerala land Utilisation Order as it stands presently. That being so, the 1st respondent is bound to pass orders on Ext.P3 in accordance with the Kerala Land Utilisation Order as it stands presently. Accordingly, the 1st respondent is directed to consider and pass orders on Ext.P3 in accordance with the Kerala Land Utilisation Order as it presently stands without reference to the Government direction or the pendency of the bill in the Assembly, 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 shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22010/08 3