IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 32993 of 2010(Y) -------------------------- PETITIONER(S): -------------------- R.PRABHAKARAN, S/O. RAMAKRISHNAN ASAN, FROM MEDAYIL VEEDU, THADATHIKULAM, KANJIRAMKULAM, NEYYATTINKARA, THIRUVANANTHAPURAM. (NOW RESIDING AT MEDAYIL, ELAMAKKARA, EDAPPALLY, ERNAKULAM). BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM-686 001. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THALAYOLAPARAMBU, KOTTAYAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32993 OF 2010 (Y) ===================== Dated this the 29th day of October, 2010 J U D G M E N T Ext.P8 order is under challenge. This is an order passed by the Agricultural Officer, Krishibhvan, Thalayolaprambu in the purported exercise of the powers under Act 28 of 2008. By this order, petitioner has been directed to restore the land as a wet land. 2. It cannot be contended that the Agricultural Officer has any power under Act 28 of 2008 to issue an order in the nature of Ext.P8. On the other hand, the best he could have done was to have reported to the Revenue Divisional Officer concerned for appropriate action. In that view, Ext.P8 cannot be sustained and is quashed. 3. Ext.P8 is therefore quashed leaving it open to the respondents to take further action in the matter in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp