IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15829 of 2009(W) --------------------------------------- PETITIONER(S): ---------------------- SYAMALA AMMA, W/O.KRISHNAN KUTTY, AMMANCHERIL VADAKKETHIL, ARUNOOTTIMANGALAM MURI, VETTIYAR VILLAGE,MAVELIKKARA TALUK. BY ADV. MR.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY,REVENUE DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,ALAPPUZHA. 3. REVENUE DIVISIONAL OFFICER,CHENGANNUR. 4. VILLAGE OFFICER,VETTIYAR. 5. AGRICULTURAL OFFICER, AGRICULTURAL OFFICE VETTIYAR. 6. VASUDEVAN, KATTUPARAMBIL HOUSE, ARUNOOTTIMANGALAM MURI, VETTIYAR VILLAGE, P.O.MAVELIKKARA, MAVELIKKARA TALUK. R1 TO R5 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.15829 of 2009 -------------------------- Dated this the 9th June,2009 J U D G M E N T Petitioner alleges illegal excavation of clay from the paddy field of 6th respondent without obtaining necessary permission from the competent authority either under the Land Utilisation Order or under the Kerala Conservation of Paddy Land and Wet Land Act 2008. Though Exhibit- P2 complaint has been submitted before the RDO, the matter was referred to the Village Officer as evidenced by the following endorsement contained in Exhibit-P2. “Forwarded to Village Officer, Vettiyar for urgent necessary action as per the prohibitory order issued from this office and submit urgent report to this office” 2. Petitioner submits that thereafter no further positive action has been taken but the excavation continues regularly. If the allegations contained in Exhibit-P2 are found to be correct then it is necessary that immediate and positive action shall be taken by the RDO. Third respondent shall see that the enquiry as W.P ( C) No.15829 of 2009 2 ordered under Exhibit-P2 is completed as early as possible and on enquiry if the allegations are found to be correct, action shall be taken to prevent the unauthorized excavation of clay from paddy field. A coercive action shall be taken only after notice to the concerned person. Needful shall be done within three weeks from the date of receipt of a copy of this judgment. It is further made clear that if the 3rd respondent is convinced that unauthorized excavation of clay is being resorted to by the 6th respondent he is expected to take immediate action to see that such unauthorized excavation is stopped. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.15829 of 2009 3 W.P ( C) No.15829 of 2009 4