IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12872 of 2011(H) ---------------------------------------- PETITIONER(S): ---------------------- 1. P.T. RAMESH, SAROJ, MAVOOR ROAD, KOZHIKODE. 2. P.T. RATHEESH, SAROJ, MAVOOR ROAD, KOZHIKODE. BY ADV. SRI.T.R.RAVI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, KOZHIKODE-673 001. 3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE-673 001. 4. THE VILLAGE OFFICER, KOTTOOLI, KOZHIKODE-673 016. 5. P.T. RUGMAVATHI, EASWARAMANGALAM HOUSE, MANGOTTUVAYAL ROAD, KOTTOOLI, KOZHIKODE-673 016. R1 TO R4 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.N.RAVINDRAN, J ........................................... WP(C) No.12872 OF 2011 ............................................ DATED THIS THE 3rd DAY OF MAY, 2011 JUDGMENT The petitioners are the co-owners of a parcel of land situated in re-survey No.5/2 and 5/2(a) of Kottoli Amsom, Parayancherry Desom of Kozhikode Taluk. On a complaint filed by the 5th respondent, proceedings were initiated against one co- owner Sri P.T.Ranjithkumar for allegedly violating the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008. On coming to know of the same, the first petitioner filed Ext.P4 application praying that he may be impleaded as a party and heard in the matter. This writ petition is filed contending that notwithstanding the interest which the petitioners have in the parcel of land, the Revenue Divisional Officer has not passed orders on Ext.P4 application. In this writ petition the petitioners seek a direction to the third respondent to implead them and hear them also before passing final orders in the proceedings wpc 12872/2011 2 initiated by him under the Kerala Conservation of Paddy Land and Wetland Act, 2008. 2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 to 4. The learned counsel appearing for the petitioner submitted that it was pursuant to the complaint filed by the 5th respondent, the sister of the petitioners, that Revenue Divisional Officer has initiated the proceedings. The learned counsel submitted that in such circumstances, as the petitioners are also persons having interest in the land, which is the subject matter of the enquiry, it is only just and proper that they are also heard before orders are passed in the matter. The learned Government Pleader appearing for respondents 1 to 4 submitted that in the nature of the claim made by the petitioners, the Revenue Divisional Officer will hear them also before passing orders in the matter. In the light of the said submissions, I dispose of the writ petition with a direction to the third respondent to hear the petitioners also before passing wpc 12872/2011 3 final orders in the proceedings initiated against the person named in Ext.P2 notice under the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008. P.N.RAVINDRAN, JUDGE lgk