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[ WP(C).30358/2016, WP(C).33574/2019 ] Dated this the 27th day of October 2020 These writ petitions are filed by one Syyed Hashim.

2. W.P.(C)No.30358 of 2016 was filed challenging Ext.P6 stop memo issued by the Village Officer, Ambalappuzha. It is alleged in the stop memo that the petitioner has started a construction in violation of the order dated 16.03.2016 passed by the Revenue Divisional Officer (RDO), under Clause 6 of the Kerala Land Utilisation Order, 1967 (KLU Order).

3. W.P.(C)No.33574 of 2019 is filed challenging the order dated 16.03.2016 passed by the RDO, Alappuzha to the extent, making certain stipulations while granting order under Clause 6 of the KLU Order.

4. The petitioner is the holder of a land in Re.Sy.No.290/10-2 of Ambalappuzha North village in Ambalappuzha Taluk. Admittedly, the land is a converted land and not included in the draft data bank. Accordingly, the WP(C).Nos.30358/2016 & 33574/2019 petitioner approached the Sub Collector, Alappuzha for utilising the land for other purposes under Clause 6 of KLU order.

7. KLU order is a piece of subordinate legislation. This order was issued by the Government in the wake of food scarcity in the State invoking power under the Essential Commodities Act Act, 1955. The Collector under KLU Order has the power to command the landholder to cultivate with the food crops which were in cultivation. If the land is no longer WP(C).Nos.30358/2016 & 33574/2019 required for cultivation, the Collector is bound to give permission under KLU order. The very essence of conferring the power on the Collector is in the nature of enabling power to command the holder of the land to cultivate the crops. Once, it is found that such power is no longer required to be exercised, the Collector is bound to grant the permission. The Collector no longer retains the power to restrict the usage of such land in the manner as above. In the order of the Collector, he has not found that the remaining land is required for the cultivation. In such circumstances, restricting the petitioner from reclaiming the land beyond 10 cents will have to be set aside. So also the Collector, under KLU order, has no power to restrain the holder of the land from alienating or transferring the same. That stipulation is also without any authority.

If the petitioner is having the advantage of the oder under KLU, the local authority is directed to consider the application for building permit without insisting any payment under Section 27A of the amended Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act 28 of 2008), in the light of the fact that the order passed by the Sub Collector under KLU was WP(C).Nos.30358/2016 & 33574/2019 prior to the amendment of the Act 28 of 2008 incorporating Section 27A. The Panchayat shall consider the building permit within a period of one month. The stop memo in W.P(C) No. 30358 of 2016 is also set aside.