IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 OP.No. 30496 of 2001(E) --------------------------------- PETITIONER(S): ----------------------- GANGADHARAN, S/O. SRI. KOCHRAMAN, PALAMUTTAM MANGALATH, PERUNADU MURI, RANNY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, THIRUVALLA. 3. KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM- REP.BY ITS SECRETARY. 4. EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KERALA STATE ELECTRICITY BOARD, PATHANAMTHITTA. GOVERNMENT PLEADER SMT.SREELATHA FOR 1&2 SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R3&4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.49596/2001 IN OP. NO.30496/2001 DISMISSED 3.10.2008 SD/- V.GIRI, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PARTITION DEED NUMBER 1010/1977 OF RANNY SUB REGISTRAR OFFICE. P2:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. ON 8.10.2001. P3:- COPY OF THE SALE DEED NO.566 DT. 8.3.71 OF RANNY REGISTRAR OFFICE EXECUTED BY SIVARAMAPILLAI @ SASTHAVUPILLAI IN FAVOUR OF KRISHNAPILLAI. P4:- COPY OF THE COMPLAINT FILED BY MR.V.SETHUNATH DT. 24.10.2001 BEFORE THE HONOURABLE MINISTER FOR ELECTRICITY, KERALA GOVERNMENT. P5:- COPY OF THE PETITION DT. 22.10.01 FILED BY THE PETITIONER BEFORE THE JOINT DIRECTOR, AGRICULTURE DEPARTMENT, PATHANAMTHITTA. P6:- COPY OF THE ORDER DT. 5.11.01 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE RELEVANT PAGE OF THE SETTLEMENT REGISTER IN RESPECT OF THE PROPERTY IN SY.NO.740/1A. P8:- COPY OF THE PETITION DT. 29.11.01. P9:- COPY OF THE APPEAL MEMORANDUM DT. 29.11.01. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE SALE DEED OF LAND INFAVOUR OF 4TH RESPONDENT. R3(b):- COPY OF THE THANDAPPERU KANAKKU OF LAND INFAVOUR OF MRS. GEETHADEVI. R3(c):- COPY OF THE THANDAPPERU KANAKKU OF LAND IN FAVOUR OF 4TH RESPONDENT. R3(d):- COPY OF THE ORDER NO.A3-2780/01 DT. 5.11.01 FROM REV. DIV. OFFICER, THIRUVALLA. EXT.R4( a TO c NIL) R4(d):- COPY OF THE REPORT DT. 19.10.01 SUBMITTED BY AGRICULTURAL OFFICER, PERUNADU TO THE REVENUE DIVISIONAL OFFICER, THIRUVALLA. R4(e):- COPY OF THE REPORT DT. 19.10.01 SUBMITTED BY THE VILLAGE OFFICER, PERUNADU TO THE REVENUE DIVISIONAL OFFICER, THIRUVALLA REVENUE DIVISIONAL OFFICER, THIRUVALLA. R4(f):- COPY OF THE RECORD ISSUED BY VILLAGE OFFICER, PERUNADU DT. 25.1.00. /TRUE COPY/ P.S. TO JUDGE V. GIRI, J. ------------------------------- OP.NO. 30496/2001 --------------------------------- Dated this the 3rd day of October, 2008. JUDGMENT The original petition is filed challenging the steps being taken by respondents 3 and 4 viz. KSEB in converting 30 cents of paddy field in survey No.740/1 A in Perunadu Village for non agricultural purpose. According to the petitioner, the said land was paddy land and the KSEB ought not to have put up constructions in the paddy field except under the permission of the competent authority. 2. The KSEB filed a counter affidavit controverting the contention of the petitioner that the land in question is paddy land and therefore there is no cultivation in the said property. During the pendency of the original petition an order was passed by the RDO rejecting the contention of the petitioner, as Ext.P6. The petitioner then preferred an appeal before the Commissioner of Land Revenue against the same as Ext.P9 and the same is pending. No further steps have been taken by the Commissioner. In my view the only direction required is to the OP. 30496/2001 2 Commissioner of Land Revenue to consider and pass order on Ext.P9 at the earliest possible time. The petitioner shall be heard before such orders are passed. The writ petition is disposed of as above. V. GIRI, JUDGE. Pmn/