IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 4602 of 2008(W) ------------------------------------ PETITIONER(S): ------------------------- 1. CYRIAC, S/O. UTHUPPAN, AGED 60 YEARS, RESIDING AT MANGATTU PULICKAYIL, KOODALLUR EAST, KOTTAYAM. 2. SINOY CYRIAC, S/O. UTHUPPAN CYRIAC, AGED 27 YEARS, RESIDING AT MANGATTU PULICKAYIL, KOODALLUR EAST, KOTTAYAM. BY ADVS.MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.ANIL D. NAIR MR.JOSSON MANAVALAN RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. SUPERINTENDENT OF POLICE, S.P.OFFICE, KOTTAYAM. 3. THE TAHSILDAR, MEENACHIL TALUK, PALA. 4. VILLAGE OFFICER, KIDANGOOR VILLAGE, KIDANGOOR. 5. JOY JOSEPH, S/O. JOSEPH, RESIDING AT MAVELIL HOUSE, KOODALLUR (EAST), KOTTAYAM. W.P.(C) NO.4602/2008 6. TIBET JOY, S/O. JOY JOSEPH, RESIDING AT MAVELIL HOUSE, KOODALLUR (EAST), KOTTAYAM. 7. TINTU JOY, S/O. JOY JOSEPH, RESIDING AT MAVELIL HOUSE, KOODALLUR (EAST), KOTTAYAM. BY GOVT. PLEADER SMT.SMITHA SUKUMAR BY MR.M.K.DAMODARAN, SENIOR ADVOCATE FOR R5,6,7 BY ADV. SMT.G.VIDYA FOR R5, 6, 7 MR.RAJEEVKUMAR.K.S FOR R5, 6, 7 MR.SANTHOSH PETER (MAMALAYIL) FOR R6-7 MR.C.R.SIVAKUMAR FOR R5 TO 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4602/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 3.7.00 PASSED BY THE SUB COLLECTOR , PALA. P2:- COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT TO RESPONDENTS 5 TO 7 DT. 31.1.08. P3:- COPY OF THE COMPLAINT DT. 1.2.08 PREFERRED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT. P4:- COPY OF THE RECEIPT OF EXT.P3 COMPLAINT IS EVIDENCE FROM THE ACKNOWLEDGEMENT GIVEN FROM THE IST RESPONDENT'S OFFICE DT. 2.2.08. P5:- COPY OF THE COMPLAINT DT. 1.2.08 BEFORE THE 2ND RESPONDENT. P6:- COPY OF THE ACKNOWLEDGEMENT ISSUED FROM THE 2ND RESPONDENTS OFFICE EVIDENCING RECEIPT OF EXT.P5 COMPLAINT DT. 2.2.08. P7:- COPY OF THE COLOUR PHOTOGRAPHS SHOWINGS THE DUMPING OF GRAVEL AND RED EARTH IN THE PADDY FIELD. P7(a):- COPY OF THE COLOUR PHOTOGRAPHS SHOWINGS THE DUMPING OF GRAVEL AND RED EARTH IN THE PADDY FIELD. P7(b):- COPY OF THE COLOUR PHOTOGRAPHS SHOWING THE DUMPING OF GRAVEL AND RED EARTH IN THE PADDY FIELD. P7(c):- COPY OF THE COLOUR PHOTOGRAPHS SHOWINGS THE DUMPING OF GRAVEL AND RED EARTH IN THE PADDY FIELD. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE NOTICE FROM THE OFFICE OF THE RDO AND REPLY DT. 14.5.08. R5(b):- COPY OF THE COMPLAINT FILED BY THE PETITIONERS. R5(c):- THE ROUGH SKETHC OF THE RESPONDENTS 5 TO 7 PADDY FILED. TRUE COPY P.S. TO JUDGE TSS S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 4602 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th May, 2009. J U D G M E N T The petitioners are owners of paddy lands adjacent to certain properties purchased by respondents 5 to 7, which are also paddy lands. The petitioners have filed this writ petition complaining that respondents 5 to 7 are filling up the paddy lands to convert it into a construction site. According to them, the same is in violation of the provisions of the Kerala Land Utilisation Order. The petitioners point out that on the complaint filed by the petitioners , the Village Officer, Kidangoor has issued Ext. P2 stop memo directing respondents 5 to 7 not to fill up the paddy lands. Their grievance is that despite Ext. P2 stop memo, respondents 5 to 7 are continuing to fill up the land. They have also produced Ext. P7 series of photographs showing the nature of the land and the attempt to fill up the lands. They therefore seek the following reliefs: “(i) Issue a writ of mandamus or any other appropriate order or direction to respondents 1 to 4 to implement Ext. P2 stop memo in letter and spirit considering Exts.P3 and P5 complaints preferred by the petitioners. (ii) Issue a writ of mandamus or any other appropriate order or direction to respondents 1 to 4 to direct respondents 5 to 7 to remove the red earth and gravel dumped in their paddy field violating Ext. P2 stop memo.” 2. A counter affidavit has been filed by respondents 5 to 7 denying the allegations. However, they have not denied Ext. P7 series photographs. A perusal of Ext. P7 photographs would show that the nature of the land is that of paddy field and there is attempt by somebody to fill up part of that land. 3. At the time of admission, an interim order was passed on 8-2- 2008 directing respondents 1 to 4 to see that respondents 5 to 7 W.P.C. No. 4602/2008. -: 2 :- strictly comply with Ext. P2 stop memo, if the same is still in force. 4. No counter affidavit has been filed by respondents 1 to 4. However, the learned Government Pleader submits that pursuant to the interim order, appropriate steps have been taken to see that respondents 5 to 7 do not continue filling up of the lands. 5. I have considered the rival contentions in detail. 6. I am spared of considering the matter on merits since counsel for respondents 5 to 7 submits that no steps have been taken for filling up the land after passing of the interim order by this Court. He also submits that respondents 5 to 7 will not take any steps to fill up the land except after obtaining appropriate approval and permission as contemplated under the Kerala Land Utilisation Order and the Kerala Conservation of Paddy land and Wet land Act. This undertaking is recorded and the writ petition is disposed of with a direction to respondents 1 to 4 to see that respondents 5 to 7 do not do any conversion of the land in question except after obtaining appropriate approval and permissions under the abovesaid legislations or other legislations applicable. Sd/- S. Siri Jagan, Judge. Tds/