IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29723 of 2008(L) -------------------------------------- PETITIONER: ------------------- FRANCIS, AGED 47, S/O.EARALY VAREED, KARINGALIKADU,MANJAPRA, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS: ----------------------- 1. THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, KALADY. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 3. THE SECRETARY TO THE GOVT., P.W.D., THIRUVANANTHAPURAM. 4. BABY,S/O.GOVINDAN, PADAYATTI HOUSE, NDUVATTOMKARA, MANJAPRA VILLAGE, ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V. GIRI, J. ------------------------------- WP(C).NO. 29723 of 2008 --------------------------------- Dated this the 7th day of October, 2008. JUDGMENT The petitioner challenges Ext.P13 communication issued by the Assistant Executive Engineer, Minor Irrigation Sub Division, Aluva. The source of power under which Ext.P13 was issued is not revealed. Ext.P13 only refers to another writ petition filed by the petitioner WPC.31582/2006 which is still pending on the files of this court. That writ petition challenged Ext.P2 order herein, in which there is a statement that the dispute relates to a property re-survey No. 372/6 owned by Earali Mathai Vareed, father of the petitioner but was possessed by the Government. The further finding was that therefore the petitioner has no right to obstruct the proper utilisation of the land. The petitioner submits with reference to Ext.P9 that though the user of a portion of the land may be as stated in Ext.P2, no portion of the land was acquired and therefore the entirety of the property is under the Thandaper account of the petitioner. In Ext.P13 notice there is an order to stop all agricultural operations and see that the property is made available for the use of the public. This is challenged in this writ petition. 2. I heard learned Government Pleader also. The source of WPC. 29723/2008 2 power under which Ext.P13 has been issued is not revealed . As I noticed above to a notice which was issued earlier, the petitioner had filed detailed objection as such. It is open to the petitioner to file further objections to Ext.P13 and the first respondent shall consider such objection and pass a reasoned order and also specify the source of power when he proceeded to issue a direction in the nature of Ext.P13. Objections shall be filed within three weeks from today and an order shall be passed within two months thereafter after hearing the petitioner. It is made clear that no coercive action as contemplated by Ext.P13 shall be taken until an order as above mentioned is passed by the first respondent. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent . V. GIRI, JUDGE. Pmn/ WPC. 29723/2008 3