The petitioner's properties situated in Re Sy.No.7/11, 7/12 and 7/19 of Eranellur Village are reclaimed lands before the Act 28 of 2008 in the draft data bank. This is clear from the proceedings before this Court in earlier writ petitions. Considering the petitioner's application under the Land Utilisation Order, it seems instead of making a request in terms of Land Utilisation Order, the petitioner has approached the District Collector for classifying the land as a 'parambu'. This obviously resulted in passing of Ext.P7 order whereby the District Collector declined such request. The District Collector has no power to change the classification of the land. However the District Collector has a power under Clause (6) of Land Utilisation Order.
2. Considering the nature of the land, I am of the view that as in Exts.P5 and P7, the land is not used for paddy cultivation or any other cultivation. In such circumstances, I am of the view that it is a matter where power can be exercised by the District Collector
W.P.(C)No.28537 of 2014
2
to grant permission. It is seen from Exts.P5 and P7 that there are agricultural crops like coconut trees, etc. standing in the property. Thus, this is a fit case for granting permission under clause (6) of the Land Utilisation Order.
3. In the light of the above, the petitioner shall approach the District Collector, Thrissur with an application under Clause (6) of Land Utilisation Order specifying the purpose for which permission is required to utilise the land. If such request is made by the petitioner, necessarily, it shall be considered in the light of the above, in accordance with law, within a period of six weeks from the date of receipt of such an application. In view of the above, Ext.P7 is set aside.
The writ petition is disposed of as above.
vpv
Sd/-
A.MUHAMED MUSTAQUE JUDGE