IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19997 of 2008(E) -------------------------- PETITIONER: ------------ KAYANKODAN HAMSA, KAYANKODAN HOUSE, PULAMANTHOLE, CHEMMALASSERY, PERINTHALMANNA. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- 1. THE REVENUE DIVISIONAL OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. K.P.SUBAIR, CHEMMALASSERY, PULAMANTHOLE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY GP. SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 19997 OF 2008 ==================== Dated this the 3rd day of July, 2008. J U D G M E N T The petitioner challenges Ext.P2 order passed by the Revenue Divisional Officer, whereby the petitioner has been directed to restore the ridge in the petitioner's property by removing a cashew tree allegedly planted by the petitioner on the ridge and making it conducive for the free flow of water to the adjacent paddy fields as before. There is a threat of criminal proceedings also therein if the petitioner does not comply with the same within 15 days. The petitioner submits that this has been stated to be done on the complaint of one Sri.K.P.Subair, a copy of which complaint has not been furnished to the petitioner, although the petitioner, appeared before the Revenue Divisional Officer along with his Advocate. He also submits that although the Revenue Divisional Officer had conducted a site inspection, he did not properly inspect the site in view of obstructions by a group of people under the leadership of certain political activists. The petitioner alleges that this is a purely political motivated complaint. Although the petitioner has filed Ext.P3 before the Revenue Divisional Officer, Revenue Divisional W.P.(C).No. 19997 OF 2008 2 Officer is not willing to consider the same. He is also at a loss to understand whether Ext.P2 is an order under the Kerala Land Utlisation Order or under Section 133 of the Criminal Procedure Code. As such he cannot either file an appeal under the Kerala Land Utlisation Order or objections under Section 133 of Cr.P.C., in so far as the procedure prescribed under Section 133 has also not been complied with. 2. I have heard the learned Government Pleader also. 3. I agree with the counsel for the petitioner that in Ext.P2, there is sufficient scope for doubt as to whether it is an order under the Kerala Land Utlisation Order or under the Cr.P.C. But in so far as it is not passed as a provisional order as required under Section 133, I am inclined to take Ext.P2 as an order under Kerala Land Utlisation Order, in which case, the petitioner can file an appeal before the Commissioner of Land Revenue against Ext.P2 order. 4. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall file an appeal against Ext.P2 order before the Commissioner of Land Revenue, within three weeks from today. If such an appeal is filed, the Commissioner of Land Revenue shall W.P.(C).No. 19997 OF 2008 3 treat it as an appeal under the Kerala Land Utlisation Order against Ext.P2 and pass appropriate orders thereon, as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal. The petitioner would also be free to move the Commissioner of Land Revenue for stay which shall also be considered expeditiously. Till orders are passed on the stay petition, further proceedings initiated against Ext.P2 shall be kept in abeyance. The learned Government Pleader submits that apart from action under the Kerala Land Utlisation Order, the Revenue Divisional Officer has also the power to initiate proceedings under Section 133 of Cr.P.C. I also make it clear that it would be open to the Revenue Divisional Officer to take appropriate proceedings under Section 133, if circumstances warrant. However, such action shall be only after complying with the procedure prescribed under Section 133 of Criminal Procedure Code. S.SIRI JAGAN, JUDGE bkn/-