IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 37015 of 2010(B) ---------------------------------------- PETITIONER(S): ----------------------- UNNIKRISHNAN, S/O. GOVINDAPILLAI, UMAVIHAR, KURAKKANNI, VARKALA. BY ADV. SRI.J.S. AJITHKUMAR, SRI.S. ASWAKUMAR. RESPONDENT(S): ------------------------- 1. REVENUE DIVISIONAL OFFICER (SUB COLLECTOR), CIVIL STATION, KODAPPANAKUNNU, THIRUVANANTHAPURAM-695 013. 2. LAND REVENUE COMMISSIONER, PUBLIC OFFICE, MUSEUM, THIRUVANANTHAPURAM-695 001. 3. VILLAGE OFFICER, VARKALA-695 505. R1 TO R3 BY GOVT. PLEADER MR.V.T.K. MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37015 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.2586/2005 DATED 09/06/2005 THROUGH SRO, VARKALA. EXT.P2: COPY OF THE ORDER DATED 05/01/2008 OF 2ND RESPONDENT. EXT.P3: COPY OF THE REPORT OF 3RD RESPONDENT DATED 06/02/2008. EXT.P4: COPY OF THE REPORT OF ADDITIONAL TAHSILDAR, CHIRAYINKEEZH DATED 21/02/2008. EXT.P5: COPY OF THE TAX RECEIPT NO.18016 DATED 06/05/2008. EXT.P6: COPY OF THE OBJECTION OF PETITIONER DATED 18/11/2008. EXT.P7: COPY OF THE NOTICE DATED 27/03/2009 OF 1ST RESPONDENT. EXT.P8: COPY OF THE OBJECTION DATED 04/08/2009 OF PETITIONER. EXT.P8(a): COPY OF THE OBJECTION OF PETITIONER DATED 21/08/2009. EXT.P9: COPY OF THE JUDGMENT DATED 28/05/2009 IN WP(C) NO. 14638/2009 OF THIS HONOURABLE COURT. EXT.P10: COPY OF THE JUDGMENT DATED 08/02/2010 IN C.C.C. NO.1320/2009(S). EXT.P11: COPY OF THE CERTIFICATE ISSUED BY THE AGRL. FIELD OFFICER, KRISHI BHAVAN, VARKALA. EXT.P12: COPY OF THE ORDER NO.12/5330/08 DATED 20/01/2010 OF THE 1ST RESPONDENT. EXT.P13: COPY OF THE APPEAL DATED 19/02/2010. EXT.P14: COPY OF THE ORDER DATED 16/10/2010 OF 2ND RESPONDENT. EXT.P15: COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 37015 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of April , 2011 JUDGMENT The petitioner is now before this Court after different rounds of litigations with regard to the grievance projected as to the necessity for constructing a boundary wall to the property covered by Ext. P1. The obstruction stated as being caused from the part of the respondents is with reference to the Kerala Land Utilization Order 1967 and the Conservation of Paddy Land and Wet Land Act 2008. It is also pointed out that, in spite of preferring an appeal before the Commissioner for Land Revenue, the same has been disposed of as per Ext. P14, whereby the matter has been simply remanded to the first respondent for taking a decision after ascertaining the factual position by conducting a spot inspection. It is also stated therein, to obtain opinion from the agricultural department. According to the petitioner, the stand of the respondents is not correct or proper, in so far as the report of the Agricultural Officer is very much available on record and is favourable as borne by Ext. P11. 2. The learned counsel submits that the report submitted by the Village Officer as borne by Ext. P3 and the report of the Agricultural W.P. (C) No. 37015 of 2010 : 2 : Filed Officer, as borne by Ext. P11 are very much in favour of the petitioner and this being the position, the obstruction being caused from the part of the concerned respondent is only to harass the petitioner, which hence is sought to be intercepted. 3. Heard the learned Government Pleader as well 4. Considering the facts and circumstances, the first respondent is directed to finalize the proceedings as directed in Ext. P14, with specific reference to contents of Exts. P3 and P11 orders as well; in accordance with law, of course after giving an opportunity of hearing, as expeditiously as possible, within 'one month' from the date receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a full text of writ petition before the first respondent for further steps. Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd