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:

“(b) For bringing under cultivation any waste or arable land whether appurtenant to a building or not for the growing thereon of food-crops generally or of specified foodcrops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops.”

The power stipulated in the above provision is to control production, supply, distribution, etc. of essential commodities by the Central Government. The source of legislative power on Parliament to enact EC Act is referable to Entry 33 of the Concurrent list. Entry 33 of List III in the Seventh Schedule to the Constitution is in relation to trade and commerce, and the production and supply of distribution of, oil, textile, food stuffs, products of Industry etc. By S.R.O. No.3950 dated 09/12/1957, the Central Government delegated the powers conferred upon the Central Government in terms of Section 3(1) of the EC Act to be exercised by the State Government of Kerala on condition that no order shall be issued without the prior approval of the Central Government. By virtue of the above order, the Government of Kerala with prior approval of the Central Government issued KLUO.

4. The scheme of KLUO is to sustain production and distribution of food crops mentioned therein. Section 2(b) of KLUO defines food crops as follows:

“'Food Crops' includes paddy, fish, sugarcane, vegetables, tapioca, yam, tea, coffee, cardamom, pepper, groundnut, cocoa and banana plantain.”

5. Sections 3 and 4 of the above order confer the State Government and the Collector respectively to exercise their power to direct land holders to cultivate the land with food crops. These powers which are referable to Sections 3 and 4 indicate that the provisions are only enabling provisions to secure the objectives of the Section 3 of the EC Act.

6. Clause 6 of KLUO prohibits conversion of land which has been under cultivation with any food crops for a continuous period of three years immediately before the commencement of the above order or after the commencement of the order, except with the written permission given by the Collector. In this case, the issue pertains to grant of written permission by the Collector in terms of clause 6 of KLUO.

7. The question is whether converted paddy land do require a written permission from the Collector in terms of clause 6. Clause 7 of the above order empowers the Collector to call upon the holder of the land to cultivate such land with those food crops which were under cultivation in the land as referred in clause 6 of KLUO. Therefore, if any person converts a paddy land without permission as stipulated in Clause 6 of KLUO, the Collector has the power to call upon such person to cultivate paddy.

8. The State of Kerala enacted Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act 28 of 2008). This enactment is