ARCHANA VARGHESE Vs. THE DISTRICT COLLECTOR, PATHANAMTHITTA

JUDGEMENT

(1.) The issue in these writ petitions is with regard to the permission to be obtained under Clause 6 of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO") for utilising converted paddy land before the Act 28 of 2008 for other purposes. The converted land in these writ petitions are referable to paddy land which was converted before the enactment of the Act 28 of 2008 and not included in the data bank under the Act 28 of 2008 as paddy land.

(2.) The land in all these writ petitions were converted before the Act 28 of 2008. In the data bank prepared under the Act 28 of 2008, these lands are described as converted paddy land. The Collector refused to grant permission to the holder of the land for utilising the land for other purposes for the reason that the land owners converted land illegally without permission and any permission cannot ratify illegality.

(3.) KLUO is a subordinate legislation issued by the Government of Kerala with prior approval of the Central Government in terms of Section 3(2)(1)(b) of the Essential Commodities Act, 1955 (for short, the "EC Act"). Section 3(2)(1)(b) of the EC Act provides as follows: