IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23075 of 2009(D) -------------------------- PETITIONER(S): --------------- CHEMPON DINESHAN, S/O.BALAKRISHNAN, 'UDAYAM' SREE RAM NAGAR, THIRUVANGAD, THALASSERY-670 103. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OF LANT REVENUE, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THALASSERY. 4. M.CHANDRAN, MOOKKOTH HOUSE, POYILOOR (P.O.) 670 693. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).23075/2009 -------------------- Dated this the 19th day of August, 2009 JUDGMENT The 4th respondent who appears in person filed a complaint before the 3rd respondent alleging that the petitioner has been putting up an apartment complex in land comprised in R.S.No.49/IC3 of Thiruvangad amsom Vayalam desom, violating the provisions of the Kerala Land Utilisation Order. Apparently, according to the 4th respondent, the land is recorded as 'Nilam' in the revenue records. A construction ought not to have been put up therein, except after obtaining due permission from the competent authority under the KLU Order. Infraction of the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008, was also raised before the Revenue Divisional Officer. 2. After enquiry, the RDO by Ext.P1 order finding that the allegations of infraction of the provisions of KLU Order and Kerala Conservation of Paddy Land & Wet Land Act, 2008 have not been made out, proceeded to withdraw the W.P.(C).23075/2009 2 stop memo which was issued earlier. 3. Ext.P1 order was challenged by the 4th respondent in an appeal before the Land Revenue Commissioner as Appeal No.LR A1-17079/09. Ext.P4 order of stay was also passed by the Commissioner and consequential notice was issued as Ext.P5. Exts.P4 and P5 have been challenged in this writ petition. Notice on admission was issued to the 4th respondent, who, stated above, has appeared in person. 4. The only direction that is called for in this writ petition is one to the Land Revenue Commissioner to dispose of the aforementioned appeal, after hearing the parties at the earliest. 5. 4th respondent who appeared in person submits that the appeal has been posted for hearing before the Land Revenue Commissioner on 20.8.2009. Petitioner is at liberty to appear before the Land Revenue Commissioner on 20.8.2009 itself and the aforementioned Appeal No.LR A1- W.P.(C).23075/2009 3 17079/09 shall be disposed of after hearing the petitioner as also the 4th respondent, as early as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs