IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17955 of 2011(T) ---------------------- PETITIONER : --------------------- KRISHNANKUTTY NAIR, ASHA NILAYAM, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C. AUGUSTIN SRI.RAFEEQUE V.K. SRI.SEBIN THOMAS SRI.RAJAN VELLOTH SRI.PRATHAP PILLAI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043. 3. SUB COLLECTOR (ELECTIONS), CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043. 4. C.RAJAN, T.C.8/1909, ASHADAM, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 028. 5. C.REGHU, T.C.8/1909(1), ASHADAM, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 028. ...2/- WP(C).No. 17955 of 2011(T) -2- 6. A.BASHEER, T.C.8/1909(2), ASHADAM, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 028. 7. C.GOPAN, T.C.8/1909(3), ASHADAM, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 028. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 17955 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BUILDING PERMIT ISSUED BY THE TRIVANDRUM DEVELOPMENT AUTHORITY DATED 29.5.81. EXT.P2 : COPY OF THE COMMENCEMENT CERTIFICATE FOR THE EARLIER BUILDING. EXT.P3 : COPY OF THE PERMIT ISSUED BY THE THIRUVANANTHAPURAM CORPORATION DATED 11.04.2011. EXT.P4 : COPY OF THE APPROVED BUILDING PLAN ISSUED BY THE THIRUVANANTHAPURAM CORPORATION DATED 11.04.2011. EXT.P5 : COPY OF THE PLAINT IN OS. 818.2011 OF MUNSIFF'S COURT, THIRUVANANTHAPURAM FILED BY THE PETITIONER DATED 30.5.2011. EXT.P6 : COPY OF THE COMMISSION REPORT FILED BEFORE THE HONOURABLE MUNSIFF'S COURT. EXT.P7 : COPY OF THE PETITION DATED 6.6.2011 FILED IN I.A. NO. 3876/11 IN O.S. 818/11 BEFORE THE HONOURABLE MUNSIFF'S COURT. EXT.P8 : COPY OF THE APPLICATION FILED BY THE 4TH RESPONDENT ALONG WITH RESPONENTS 5 TO 8 DATED 26.5.2011 BEFORE THE 2ND RESPONDENT. EXT.P9 : COPY OF THE REPORT DATED 30.5.2011 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P10 : COPY OF THE NOTICE DATED 13.6.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P11 : COPY OF THE ORDER DATED 20.6.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17955 OF 2011 ----------------------------------------------------- Dated this the 4th day of July, 2011 J U D G M E N T Challenge in this writ petition is against Ext.P11, the prohibitory order passed by the Revenue Divisional Officer, in exercise of the powers u/s 133 of the Code of Civil Procedure. Ext.P11 is an exparte order and therefore the course open to the writ petitioner is to appear before the R.D.O., file his objections and request the R.D.O. to pass final orders in the matter. With this observation this writ petition is disposed of. However considering the urgency pointed out by the petitioner I direct that once the petitioner files his objections before the R.D.O. the R.D.O. shall pass final orders, after issuing notice to all concerned, preferably within two months. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge