Muraleedharan vs The Revenue Divisional Officer (RDO)

A. Muhamed Mustaque, J.—This writ petition is filed seeking a direction to consider Ext. P5 by the first respondent in terms of clause 6 of the Kerala Land Utilization Order, 1967.

The Collector has power under clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO") to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen Vs. Land Revenue Commissioner, held as follows:

"If an application is made under the Kerala Land Utilisation Order, the same is not liable to be dismissed before an enquiry is held by the concerned authority under the Act and a finding is entered that the land in respect of which the application is made is a paddy land or a wetland. If the land is not found to be paddy land or wetland, application has to be considered as per the provisions of the KLU."

In Sunil Vs. Killimangalam-Panjal 5th Ward, Nellulpadaka Samooham, another Division Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In Praveen''s case (supra) also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector.

In view of the power conferred on the Collector under clause 6, I am of the view that Ext. P5 shall be considered by the first respondent. However, before passing final order in this matter, the first respondent shall obtain necessary report from the Agricultural Officer regarding any entry in the Data Bank prepared under the Act 28 of 2008. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment after affording an opportunity to the petitioner of being heard.

Writ petition is disposed of.