A. Muhamed Mustaque, J.

This Writ Petition is filed challenging Ext. P8, an order passed under Clause 6 of Kerala Land Utilization Order, 1967 (hereinafter referred to as K.L.U. Order). According to the petitioner the land owned by the petitioner is presently dry land and not included as paddy land in the draft data bank and the lands were not suitable for paddy cultivation as on the date of enactment of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred as Act 28 of 2008). It is an admitted fact that properties are not included in the data bank. Therefore, the Act 28 of 2008 will not apply in the matter. Assuming that petitioner reclaimed the land, there is no violation of provision under the Act 28 of 2008. However if petitioner requires the land for any other purposes the permission is necessary in terms of Clause 6 of K.L.U. Order. The stand in the impugned order is that once the land is reclaimed without obtaining permission under Clause 6 of K.L.U. Order, the illegality cannot be regularised.

2. There is no embargo or impediment under Clause 6 of Kerala Land Utilization Order for granting a permission in respect of the land even that was reclaimed. There is no violation of any provision merely because the person has reclaimed the land, unless it is found that this was done by violating provision of the Act 28 of 2008. Therefore, unless and until the property is included in the data bank, the reclamation of land will not stand in the way of District Collector to consider the application of the petitioner under Clause 6 of K.L.U. Order. This Court in Joseph John Vs. Land Revenue Commissioner, held that even if the property is reclaimed or converted, the authority has to exercise the power under Clause 6 of K.L.U. Order.

Accordingly Ext. P8 is set aside. There shall be a direction to the 2nd respondent to reconsider the application submitted by the petitioner after affording an opportunity of hearing to the petitioner within a period of three weeks from the date of receipt of a copy of this Judgment.

Writ Petition is disposed of.