IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 30087 of 2011(I) -------------------------- PETITIONER(S): ------------------------ 1. SHALIMOL, W/O.JAYAKUMAR, AGED 38 YEARS, SHALI BHAVAN, KARUMADI P.O., AMBALAPUZHA, ALAPPUZHA DISTRICT. 2. G.RAMACHANDRAN NAIR, S/O.GOPALA PILLAI, SHALI BHAVAN, KARUMADI P.O., AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ALAPPUZHA, PIN-688 001. 3. THE REVENUE DIVISIONAL OFFICER, ALPPUZHA-688 001. 4. THE VILLAGE OFFICER, KARUMADI VILLAGE, ALAPPUZHA DISTRICT-688 564. 5. THE SUB INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT-688 561. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30087/11 APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1. TRUE COPY OF THE SALE DEED NO.808/1978 OF SRO, AMBALAPUZHA. EXHIBIT P2. TRUE COPY OF THE JUDGMENT DATED 30/5/2007 IN OS NO.429/2006 OF PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA. EXHIBIT P3. TRUE COPY OF THE ORDER DATED 24/10/2011 OF THE 3RD RESPONDENT. EXHIBIT P4. TRUE COPY OF THE ORDER DATED 29/10/2011 IN CRMP NO.2808/2011 IN CRL. RP 32/2011 OF DISTRICT COURT, ALAPPUZHA. EXHIBIT P5. TRUE COPY OF THE COMPLAINT DATED 9/11/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30087 OF 2011 ===================== Dated this the 28th day of November, 2011 J U D G M E N T According to the petitioners, on the influence of local residents, RDO issued Ext.P3 order to cut and remove one coconut tree standing in their property. It is stated that the RDO's order was challenged before the District Court by filing Crl.R.P.No.32/11 and that in Ext.P4 order, the District and Sessions Court, Alappuzha stayed Ext.P3. It is stated that to defeat Ext.P4 order, on the directions of the RDO, the Village Officer was taking steps to cut and remove trees standing on the border of the pathway stating that those trees were standing in Government puramboke. It is with this allegation, the writ petition is filed seeking appropriate orders. 2. Counsel for the petitioner now submits that immediately after the writ petition was filed, orders have been carried out and trees as well as the fencing itself have been removed. However, learned Government Pleader does not have any specific instruction in that behalf. 3. If as stated by the petitioners any such allegedly WPC No. 30087/11 :2 : unauthorised action has been taken, necessarily their remedy lies before the Civil Court. In that view, I close this writ petition leaving open the remedies that are available to the petitioners. ANTONY DOMINIC, JUDGE Rp