IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14810 of 2009(U) -------------------------- PETITIONER(S): ----------------- K.C.SHAJI, S/O. CHACKO (LATE), KULATHINGAL HOUSE, NADAVAYAL, WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE SURVEY SUPERINTENDENT, RE-SURVEY, SULTHAN BATHERY. 3. THE VILLAGE OFFICER, NADAVAYAL. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).14810 of 2009 --------------------------- Dated this the 29th day of May, 2009 JUDGMENT The petitioner started construction of a residential building in 27 cents of property, comprised in Nadavayal Desom of Sulthan Bathery Taluk, reportedly after obtaining a building permit from the concerned local authority. It abuts reserve forest and on the ground that there is encroachment of reserve forest, the District Collector ordered the construction to be stopped as per Ext.P1 order. 2. The petitioner then moved the Survey Superintendent, Re-survey, Sulthan Bathery and according to him, there was an error and it has been corrected by the 2nd respondent, as per Ext.P3. Ext.P3 was also produced before the District Collector and the petitioner sought revocation of Ext.P2. 3. Obviously, Ext.P2 is of a temporary nature directing the party to maintain status quo W.P.(C).14810 of 2009 :: 2 :: pending enquiry. The District Collector has, therefore, to pass final orders. The petitioner shall be heard in this regard. Such orders shall be passed within five weeks from the date of receipt of a copy of this judgment, after hearing the petitioner as well. The petitioner is entitled to point out Ext.P3 and any other material seeking revocation of Ext.P2. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge