IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22699 of 2010(J) -------------------------- PETITIONER(S): --------------- P.NASEERUDHEEN, PARUTHIKKUNNAN HOUSE, KARIMBINTHODY, VADAKKUMPADAM P.O., VIA VANIYAMBALAM,MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA. 2. THE TAHSILDAR, NILAMBUR, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, NILAMBUR, MALAPPURAM DISTRICT. GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 22699 of 2010 ================== Dated this the 21st day of July, 2010 J U D G M E N T The petitioner owns certain properties, which, according to the petitioner, are garden land for years. The petitioner has obtained Ext.P3 building permit from the panchayat for construction of a building thereon. While the petitioner was carrying on the construction activities pursuant to Ext.P3 permit, by Ext.P5, the Village Officer has directed the petitioner to stop the construction activities on the ground that, against the conversion of the land, which is a paddy land as per the Revenue records, the Paddy Production Samithy of the panchayat has filed a complaint. According to the petitioner, as per the resurvey records, it is a garden land and not wet land. The petitioner, therefore seeks the following reliefs; “a) call for the records leading to Ext.P5 order and quash the same by the issue of a writ in the nature of certiorari or other appropriate writ order or direction; b) declare that the petitioner is entitled to proceed with the construction in accordance with Ext.P3 permit without any hindrance from the respondents.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that having issued Ext.P5 stop memo, the Revenue Divisional Officer having jurisdiction over the matter should take a final decision pursuant to the stop memo, expeditiously. w.p.c.22699/10 2 Accordingly, I dispose of this writ petition with a direction to the 1st respondent-Revenue Divisional Officer to pass final orders pursuant to Ext.P5 as expeditiously as possible, at any rate, one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner and the complainant referred to in Ext.P5. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge