For Information Purpose Only vs The Revenue Divisional Officer
2021 Latest Caselaw 7750 Ker

IA/1/2021 IN WP(C) 33237/2018              1/3



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        Present:
                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                 Friday,the 5th day of March 2021/14th Phalguna, 1942
                            IA/1/2021 IN WP(C)/33237/2018(D)

     For  information purpose only
APPLICANTS/RESPONDENTS IN WP(C):
1.    THE REVENUE DIVISIONAL OFFICER,
      OFFICE OF THE REVENUE DIVISION OFFICE, CIVIL STATION,
      AYYANTHOLE, THRISSUR - 680 003.
2.   THE LOCAL LEVEL MONITORING
      COMMITTEE , REPRESENTED BY ITS CONVENOR, AGRICULTURAL
      OFFICE, PERINJANAM, THRISSUR -680686
RESPONDENT/PETITIONER IN WP(C)
      SAGEER,
      S/O. AMMUKUNJI, RESIDING AT SRAMBIKKAL HOUSE, P.O.PERINJANAM,
      PIN - 680 686.

       Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to clarify that the application submitted by
the petitioner for conversion of property dated 29.09.2018 is to be considered by
the Revenue Divisional Officer, Irinjalakkuda, in terms of Section 27A of the
Kerala Conservation of Paddy Land and Wet Land Act, 2008, and issue any further
directions or orders as this Hon'ble Court may deems fit proper and in the
interest of justice


       This application coming on for orders upon perusing the application and the
affidavit filed in support thereof, and this Court's Judgment dated 11.10.2018 and
upon hearing the arguments of GOVERNMENT PLEADER for the Applicants in
IA/Respondents in WP(C ) and of M/S V.N.HARIDAS, K.T.BOSCO, SABEENA
P.ISMAIL, SIBY.P.JOSE, Advocates for the Respondent in IA/Petitioner in WP(C),
the court passed the following:
                           SHAJI P.CHALY, J.

=============================== I.A.No.1 of 2021 in W.P(C) No.33237 of 2018 =============================== Dated this the 5th day of March, 2021 For information O R D E purpose R only This is an application filed by the

respondent Nos. 1 and 2 in the writ petition

seeking a clarification as to the pending

application before the Revenue Divisional Officer

apparently under Clause 6 of the Kerala Land

Utilisation Order,1967/Section 27A of the Kerala

Conservation of Paddy Land and Wet Land Act, 2008.

In fact Section 27A was brought into force on and

with effect from 30.12.2017. While disposing of the

writ petition, I have directed the Revenue

Divisional Officer to consider the application

pending, however it was not clarified as to whether

it is an application under Clause 6 of the Land

Utilisation Order, 1967 or an application under the

provisions of Act, 2008. According to the

petitioners in the I.A., since the application is

submitted after 30.12.2017, will have to be treated

W.P(C) No.33237 of 2018

as an application under Section 27A of Act, 2008.

It is in this background a clarification is sought For information purpose only for. However today when the matter is taken up,

learned counsel appearing for the petitioner as

well as the learned Government Pleader submitted

that, an order was passed in accordance with the

directions issued by this Court by the Revenue

Divisional Officer, which was a subject matter of

challenge in W.P.(C)No.29929/2019 and the challenge

was sustained and a judgment was rendered by a

learned Single Judge of this Court on 28.11.2019.

In that view of the matter, I am of the

considered opinion that the directions contained in

the judgment is already acted upon and no further

clarification is required. Therefore, the I.A. has

no sustenance. It is dismissed.

Sd/-

SHAJI P.CHALY JUDGE hmh

/true copy/ Sd/- ASSISTANT REGISTRAR