J.CHELAMESWAR, P.R.RAMAN
Praveen – Appellant
Versus
Land Revenue Commissioner – Respondent
W.A. 2754/2009 arises out of the judgment in W.P.(C) 23071/2009. The appellant, who was the petitioner, applied for permission to convert a piece of wet land under the provisions of the Kerala Land Utilization Order, 1967. The application was made in 2007, Reminders were also sent subsequently and the matter was pending consideration when a new enactment namely, Kerala Conservation of Paddy Land Wet Land Act, 2008 (hereinafter referred to as ‘the Act’) was passed and came into fore, with effect from 12.8.2008. Subsequently, the application submitted by the appellant was rejected holding that since the Act has already come into fore, he has to seek permission under the said Act. Challenging the said order, the Writ Petition was filed. Learned Single Judge, after referring to the relevant provisions contained in the Conservation Act more particularly S.3(1) of the said Act, which prohibits conversion or reclamation of the paddy land except in accordance with the provisions of that Act, on and from the date of commencement of that Act, held that no order could be passed in an application made under the Kerala Land Utilization Act on and after coming into force of the Act an
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