A.MUHAMED MUSTAQUE
Somarajan – Appellant
Versus
District Collector, Kollam – Respondent
A. Muhamed Mustaque, J.
1. These batch of writ petitions are filed seeking for a direction to consider the applications filed by the petitioners under clause 6 of the Kerala Land Utilisation Order for utilising land for other purposes. The petitioners' case is that their land has been converted prior to the Act 28 of 2008 and is no longer fit for paddy cultivation. The petitioners would submit that their paddy land is not included in the draft data bank either as a paddy land or wetland and therefore, the Collector has to give permission in terms of clause 6 of KLUO to utilise the land for other purposes. KLUO is issued under the Essential Commodities Act, 1955 in the wake of food scarcity to boost up production of food crops. It refers to certain food crops which includes Paddy also. The nature of the power vested with the Collector under the KLUO, is in the nature of the enabling powers to command the holders of the land to cultivate those food crops, which are referred in the KLUO. The right of land holder is therefore, fettered to the extent the enabling power that could be exercised by the Collector. Power is also given to the Collector to relax the enabling power by
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