IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32613 of 2008(G) -------------------------- PETITIONER(S): --------------- MANOJ, S/O.GOPALAN, AGED 36 YEARS, KANJIRANCHERI, POST KANNANKARA, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. CHELANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHELANNUR, KOZHIKODE. BY GOVT. PLEADER SRI. P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 32613 of 2008 -------------------------- Dated this the 10th November, 2008 J U D G M E N T Petitioner is aggrieved by order passed by the RDO placing a restraint in his proceeding with the construction in the property mentioned therein on the ground that a prior permission of the competent authority under Kerala Land Utilisation order was not obtained. Learned counsel for the petitioner submits that the order is unsustainable for more than one reason that firstly a plan was approved by the local authority as evidenced by Exhibit P2. Secondly, the land was not a paddy field and therefore, a permission under the Kerala Land Utilisation Order is not necessary. In my view, Exhibit P4 should be treated as an ad interim order and the Revenue Divisional Officer shall pass a final order looking into the objections filed by the petitioner. 2. Accordingly, the writ petition is disposed of directing the 2nd respondent to pass a final order pursuant to W.P ( C) No. 32613 of 2008 2 Exhibit P4 after considering the petitioner’s objections and after hearing the petitioner or his authorized representative. This shall be done within three weeks from the date of receipt of a copy of this judgment. If the Revenue Divisional Officer passes an order accepting the objections of the petitioner that shall be taken note of and consequential action without delay. (V.GIRI,JUDGE) ma W.P ( C) No. 32613 of 2008 3 W.P ( C) No. 32613 of 2008 4