IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 26282 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------- BABY, S/O.DAVEED, CHOORAPPADI HOUSE, ASARIKKAD, VELLACHAL, PEECHI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR.PIN- 680 001 2. ADDITIONAL TAHASILDAR, THRISSUR.PIN-680 001 3. THE VILLAGE OFFICER, PEECHI VILLAGE, PEECHI, THRISSUR.PIN-680 001 R1 TO R3 BY GOVERNMENT PLEADER SMT.MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26282/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY DATED 26/5/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P2 A TRUE COPY OF THE PHOTOGRAPH IN RESPECT OF THE PROPERTY OF THE PETITIONERS AND NEARBY RESIDENTS. EXT.P3 A TRUE COPY OF THE ORDER DT. K.DIS.15640/11/D1 DT.16/09/11 ISSUED BY THE IST RESPONDENT. EXT.P4 A TRUE COPY OF THE GO(MS) NO.85/2010/IND DT.5/04/2010 ISSUED BY THE GOVERNMENT. EXT.P5 A TRUE COPY OF THE INJUNCTION ORDER DT.26/09/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26282 OF 2011 ----------------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T The case of the petitioner is that by Ext.P3 the R.D.O permitted the petitioner to remove the soil from 5 cents of land in Sy.No.1397 of Peechi Village for constructing a house without violating the conditions of the Patta and the order of assignment. According to the petitioner on the strength of Ext.P3 when he commenced the work, the Village Officer issued Ext.P5 stop memo. It is therefore the writ petition is filed complaining that the Village Officer's order runs counter to the RDO's order. 2. If as stated by the petitioner Ext.P3 order of the RDO still remains in force he is entitled to take advantage of the same and the Village Officer cannot pass any order contrary to such an order by a superior authority. Hence on the production of a copy of this judgment along with a copy of this writ petition the Village Officer will examine whether the property mentioned in his order is the same as that mentioned in Ext.P3 order of the RDO. On such examination if the petitioner's property is found to be one and the same, the Village Officer shall recall Ext.P5 and permit the petitioner to enjoy the benefit of the RDO's order. On the other hand, if the Village Officer has any other specific reason for issuing the stop memo, he will pass a speaking order for maintaining the prohibitory order in force. 3. Petitioner to produce a copy of this judgment along with a copy of this writ petition before the Village Officer for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge