SEALAND BUILDERS PVT. LTD. Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The prayers in the above Writ Petition (C) are as follows:

(2.) Heard Smt.Anu.S.Nair, learned counsel appearing for the petitioner and Sri.K.J.Manu Raj, learned Government Pleader appearing for the respondents.

(3.) The case of the petitioner is that the subject property, though continues to be described as 'nilam/paddy land' in the Basic Tax Register (BTR) has been converted as 'garden land or purayidam' long prior to 12-08-2008 (date of coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008). Further that the petitioner has filed the requisite application as early as on 25-09-2013 before the 1st respondent RDO, under Rule 6(2) of the KLU Order and has also filed the consequential application on 25-09- 2013 before the 22nd respondent Tahsildar seeking for alteration in the BTR to show the changed nature of the land as 'garden land or purayidam'. Since no action was being taken thereon the petitioner was constrained to approach this Court by filing Writ Petition (Civil) as W.P(C) No.2763/2013, in which this Court has disposed of as per Ext.P3 judgment rendered as early as on 22-11-2013, whereby this Court has ordered that the said application dated 25-09-2013 [Ext.P4 in Ext.P3 W.P(C)] shall be considered and decided by the respondent RDO strictly in terms of the provisions contained in Kerala Land Utilisation Order in order to enable the petitioner to use the property for any non-agricultural purposes, within one month from the date of receipt of a copy of this judgment.