KUTTAN NAIR Vs. IRINJALAKUDA MUNICIPALITY

JUDGEMENT

(1.) Petitioner is the owner in possession of an extent of 15 cents of land comprised in Sy.No.257/2 of Irinjalakuda village, Thrissur district. According to the petitioner, the property is described as a 'Parambu' in the title deed. Anyhow, since the property was remaining in the village Records and Basic Tax Register as paddy field, petitioner approached the Revenue Divisional Officer as per Ext.P3 application, allegedly dated 27.11.2017, seeking permission for utilization of 15 cents property for other purposes other than paddy cultivation and agricultural operations. Thereupon, as per Ext.P7, petitioner was granted permission for utilization of the property for other purposes for 10 cents of property, which order was challenged by the petitioner before this court by filing W.P. (C).No.23820/2018, and secured Ext.P8 judgment dated 31.8.2018, whereby, the Revenue Divisional Officer was directed to reconsider the issue, since the application was submitted for the entire extent and no reasons are assigned for declining permission for a portion of the property. Anyhow, on the basis of the direction so issued, now Revenue Divisional Officer has passed Ext.P9 order stating that, the application can be considered after introduction of Rules to the amendment made to the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is thus challenging Ext.P9, this writ petition is filed.

(2.) Learned counsel for the petitioner also pointed out that, evident from Ext.P10 certificate issued by the Agricultural Field Officer in the property in question, there are coconut trees standing aged 45 years. It is also pointed out that, since the application is of November 2017, ie, prior to the amended provisions came into force on and with effect from 30.12.2018, the decision will have to be taken in accordance with the parameters and stipulations contained in Clause 6(2) of the Kerala Land Utilization Order, 1967.

(3.) I have heard learned counsel for the petitioner and learned Senior Government Pleader and perused the pleadings and the documents on record.