IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 17111 of 2009(H) -------------------------- PETITIONER(S): --------------- PAULSON, AGED 36 YEARS, S/O. OUSEPH (LATE), MOYALAN HOUSE, MULANGU, THOTTIPAAI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. THE VILLAGE OFFICER, THOTTIPPAL VILLAGE OFFICER, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. JOY MANNEMPETTA, VILLAGE OFFICER, THOTTIPAI VILLAGE OFFICE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. P.S. RAJESH, S/O.SREEDHARAN, POOTHERI HOUSE, CHERUSSERI DESOM, THYKKATTUSSERI.P.O, VALLACHIRA, THRISSUR. 5. ASHA, W/O. RAJESH, POOTHERI HOUSE, CHERUSSERI DESOM, THYKKATTUSSERI.P.O, VALLACHIRA, THRISSUR. 6. P.V. KARUNAKARAN, S/O. VELAPPAN, PUTHUPPALLU HOUSE, MULANGU.P.O, THOTTIPPAL, THRISSUR - 680 310. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.17111 of 2009 ---------------------------------------- Dated this the 26th day of August, 2009. JUDGMENT The petitioner claims right, title and interest over an extent of 50 cents of paddy land, which devolved on him on the death of his father, who got assignment as per deed No.1102/92 of Nellaya Registrar's Office. According to him, his predecessor was cultivating paddy in the land for long years. Respondents 4 and 5 purchased an adjacent land. It is alleged that they are doing real estate business. They converted the paddy land into dry land. This, the petitioner apprehends, will affect his land. He has filed Ext.p1 petition before the Revenue Divisional Officer against respondents 4 and 5. The petitioner also alleges that the attempt of respondents 4 and 5 is to acquire the property of the petitioner. He has moved the Civil Court and W.P.(C).No.17111 of 2009 :: 2 :: Ext.P2 order of injunction has been passed. Thereafter, the 6th respondent, father of respondents 4 and 5, filed a complaint before the Village Officer, Thottipal, alleging that the petitioner is illegally converting his paddy land. Ext.P5 stop memo was issued by the Village Officer. This has been challenged in this writ petition. 2. A stop memo, if at all, can only be issued by the Revenue Divisional Officer. Ext.P5 shall, therefore, treated as a show cause notice and the same, along with the objections of the petitioner shall be forwarded by the Village Officer to the Revenue Divisional Officer within two weeks from the date of receipt of a copy of this judgment. Thereupon, the petitioner and the 6th respondent shall be heard and final orders shall be passed within one month by the Revenue W.P.(C).No.17111 of 2009 :: 3 :: Divisional Officer. The 1st respondent Revenue Divisional Officer shall also look into Ext.P1 and take appropriate action, after notice to the affected parties, within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge