PRAVEEN Vs. LAND REVENUE COMMISSIONER

JUDGEMENT

(1.) W.A. 2754/2009 arises out of the judgment in W.P.(C) 23071/2009. The appellant, who was the petitioner, applied for permission to convert a piece of wet land under the provisions of the Kerala Land Utilization Order, 1967. The application was made in 2007. Reminders were also sent subsequently and the matter was pending consideration when a new enactment namely, Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Act') was passed and came into force, with effect from 12.8.2008. Subsequently, the application submitted by the appellant was rejected holding that since the Act has already come into force, he has to seek permission under the said Act. Challenging the said order, the Writ Petition was filed. Learned Single Judge, after referring to the relevant provisions contained in the Conservation Act more particularly Section 3(1) of the said Act, which prohibits conversion or reclamation of the paddy land except in accordance with the provisions of that Act, on and from the date of commencement of that Act, held that no order could be passed in an application made under the Kerala Land Utilization Act on and after coming into force of the Act and dismissed the Writ Petition. Impugning the said judgment, the Writ Appeal has been preferred.

(2.) W.P.(C). 13535 of 2009 and W.P.(C) 30788 of 2009 came up before us based on a reference order made by the learned Single Judge. When W.P.(C) 30788 of 2009 came up for consideration, the learned Judge thought that in view of the decision of this Court in Jayakrishnan v. District Collector,2009 1 KerLT 123, Shahanaz Shukkor v. Chelannur Grama Panchayat,2009 3 KerLT 899 and Hajee Abubacker v. Revenue Divisional Officer, Palakkad,2009 4 KerLT 49 there is some conflict between the above decisions on the issue as to whether after the commencement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 an application filed by the petitioner under the Kerala Land Utilization Order 1967 for permission to put the land described in the title deed as 'Nilam' to use for constructing a residential building is maintainable. W.P.(C) 13535/2009 which came up for consideration subsequently was also referred to the Division Bench in view of the earlier reference made as above.

(3.) We will refer to the detailed facts in each of these cases at appropriate place after answering the legal issue with reference to the scope and application of the provisions in the Land Utilization Order, after the Kerala Conservation of Paddy Land and Wet Land Act, 2008 came into force.