MOHANAN Vs. R D O

JUDGEMENT

(1.) THE petitioner is aggrieved by Ext.P11 reply given by the Revenue Divisional Officer with regard to the applications submitted by him for extension of time to effect conversion of paddy land for which permission was issued as per the provisions of the Land Utilisation Order.

(2.) THE petitioner has purchased an extent of 5 cents of land comprised in Survey No.36/1A -1, 36/A2 in Balussery Village in Kozhikode District as per Ext. P1 Sale Deed. The case of the petitioner is that it was remaining as a barren land and therefore, he wanted to construct a building therein. He submitted as application, for reclaiming the said land, under the Kerala Land Utilisation Order. On the basis of the report of the Village Officer that no paddy cultivation has been carried on in the said land and that there are buildings in the adjoining lands and there are no water channels in the property enabling flow of water to other lands and also that by the reclamation of the land of the petitioner, the adjoining neighbours would not be affected, the application was allowed by the Revenue Divisional Officer as per Ext.P4 on certain conditions. The permission granted was for a period of one month and, accordingly, he started work of reclamation and, the foundation for the building has been laid within the property. He has submitted an application for building permit on 27.06.2007 which was granted by the Panchayat as per Ext.P5. But, he could not complete the reclamation work within the time granted by the Revenue Divisional Officer. Therefore, he submitted Ext.P6 application for extension of time before the Revenue Divisional Officer on 09.07.2007 but, no orders were passed in the matter. The petitioner approached this Court in W.P. (C).No.16747/2008 wherein a direction was issued as per Ext.P8 Judgment dated 05.06.2008 to consider his application.

(3.) THE learned counsel for the petitioner submitted that even prior to the coming into force of the Conservation of Paddy Land and Wet Land Act, by Ext.P4, permission was granted for reclamation of the land under the Kerala Land Utilisation Order and he has executed various works based on it including filling of land. Even under the Conservation of Paddy Land and Wet Land Act, there are provisions for allowing conversion or reclamation of paddy land.